SONNY ADVANCE LINKS TECHNOLOGY
WEB HOSTING TERMS AND SERVICES AGREEMENT
Preamble:
1. Sonny Advance Links Technology. Is formally contracted by The Customer to host the Customer’s web site on the Internet at a rate specified on sign up in Nigerian funds plus applicable taxes. Payment will be made in advance on a prepayment basis; quarterly, semi-annually, or annually in the form of cheque, money order, alertpay, VISA, MasterCard or AMEX charge payable to sonny advance links technology.
2. All services provided by sonny advance links technology will be determined by the hosting package selected by the Customer. These services shall be as outlined in the sonny advance links technology’s web page, as well as in its brochure, and is subject to change at any time without notice.
3. The Customer will be notified by email prior to any server upgrades or disruptions (causing a loss of web page access) if it is foreseen that they will be longer than 60 minutes, unforeseen disasters not pertaining. In the event of an unforeseen disaster, the Customer will be notified after the fact of any downtime lasting more than 60 minutes. Sonny advance links technology is not responsible for any business lost.
4. All conditions and policies stipulated in the following pages apply to all Customers, and any failure of the policies can result in the immediate termination of web hosting services. These conditions are subject to change without notice; please refer to our web site for recent updates. It is the sole responsibility of the Customer to ensure violations of the policies or conditions do not occur.
I, ……………………………, agree to all the terms, policies and rules including but not limited to the terms and conditions in the attached pages.
Signed: __________________________
Print: ____________________________
Sonny Advance Links Technology. Agrees to host the Customer’s web site until written request is received to terminate services or the contract is terminated by sonny advance links technology.
Terms, Conditions and Acceptable Use Policy
Use of the words sonny advance links technology in the following document refers specifically to sonny advance links technology Web Design. Sonny advance links technology provides Web page hosting, Design, Marketing, Domain Registration and Development services. All personnel at sonny advance links technology honor their legal and ethical responsibility consistent with the use of its server and equipment involved in these services.
Sonny advance links technology general policy is to act as a provider of Internet presence. Sonny advance links technology has specific ethical concerns regarding the use of its computers as detailed below. Sonny advance links technology reserves the right to suspend or cancel a Customer's access to any or all services provided by sonny advance links technology if it makes the decision that the web site has been inappropriately used.
Any use of any services provided by sonny advance links technology constitutes acceptance by the Customer of these terms and conditions. This contract will remain valid and binding up to and including the date which sonny advance links technology receives written request for termination of services.
Sonny advance links technology will not be responsible for any programming changes or other work to a Customer’s web site and are not responsible for making our servers compatible with the Customer’s web site or other programs. The Customer will be solely responsible for uploading and making their web site operational on sonny advance links technology’s servers unless the Customer contracts sonny advance links technology to make modifications at our posted hourly programming rates.
1) Specific Unacceptable Use Policies
a) Server abuse
Any attempt to undermine or cause harm to a server, or Customer, is strictly prohibited.
b) Unauthorized use and illegal activities prohibited by sonny advance links technology:
The use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a sonny advance links technology Customer, whether or not the attacked account or computer belongs to sonny advance links technology, will result in action against the attacker. Possible actions include, account suspension, cancellation, civil or criminal legal action, and any other legal means of recourse depending on the seriousness of the attack.
c) To maintain the integrity of our service the following limitations apply:
Sonny advance links technology will be the sole arbiter as to what constitutes a violation of this provision:
No commercial advertisements with bulk e-mail.
Unsolicited commercial advertisements are not allowed in e-mail, and may result in account suspension or cancellation.
Commercial advertisements are not welcome in most Usenet discussion groups and on most e-mail mailing lists. Commercial advertisements shall be limited to anything not relating to the Customer as stipulated in the contract and does not pertain to web pages. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether Advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than nine or ten recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
d) Other Limitations:
We do not allow clients to install their own chat rooms, without approval from the sonny advance links technology Support Team.
We may allow programs to run continually in the background. These are considered on a one-tone basis and an extra charge will be incurred based on system resources used and operational maintenance needed. We do not allow IRC or IRC bots to be operated on our servers.
e) Traffic and/or Storage
Sonny advance links technology hosting packages are allotted a set amount of bandwidth and disk storage. Should the Customers web site go beyond these limits, an additional monthly charge will be levied based on our monthly data transfer and/or disk storage rate. The intention of sonny advance links technology is to provide a large space to serve web documents, not an off-site storage area for electronic files. All (95%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on sonny advance links technology servers. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of sonny advance links technology management. Any Customer who exceeds
Sonny advance links technology Package limits in abusing either space/site transfer will be notified and given five (5) days to remedy the problem. If the problem is not resolved within the allotted five (5) day period, the client will be billed for over usage or upgraded to a larger package, whichever is cheaper.
2) Payment Policies
i) Sonny advance links technology does not charge setup fees for standard hosting features. All accounts are set up on a prepay basis. Domain registration performed through sonny advance links technology are .com, .net, .org, .info, and .biz hosted with sonny advance links technology. There will however be a CDN plus GST charge from sonny advance links technology for the registration of the domain name for each year the domain is used, with a minimum period of one (1) year (a.k.a. the Internic fee). Domains registered with a .CA, .GOV.NG extension will cost additional charge plus GST. The domain registration service is provided by Tucows Inc., an ICANN and CIRA accredited domain registrar. The domain name .GOV is provided by dotgov.gov. Domains must be renewed on or before the date of expiry to avoid deletion from the DNS records. The expiry date of your domain does not change regardless of the date of renewal. Domain registration fees may change at any time without notice.
ii) All pricing is guaranteed for the term of pre-payment. The Customer is responsible for all money owed on the account from the time it was established to the time that the Customer notifies Sonny advance links technology in writing for a request for termination of services. All Prices are in Nigerian Currency and united state dollar unless otherwise Stated.
iii) All accounts will either be paid quarterly semi-annually or annually for hosting services. All Payments are to be made to sonny advance links technology. In the form of cheque, money order, VISA, MasterCard or AMEX charge in Nigeria funds or united state dollar unless otherwise stipulated. Payments made for one year will be eligible for a ten (10) percent discount. This discount will not be applied to any refund issued as a result of cancellation of the account if the cancellation occurs before the pre-pay term has expired (see section 3 (ii)). The yearly pre-payment discount does not apply to the Entry level hosting package. Payments made by cheque or money order will be charged a late payment fee of five (5) dollars converted to Nigeria Currency if payment is received more than five (5) days past the invoice date.
iv) Any payment received late may not be eligible for any discounts that were assumed or agreed upon as determined by the sole discretion of sonny advance links technology. This includes but is not limited to reseller and annual pre payment discounts. Any payment received more than fifteen (15) days late WILL forfeit any discounts assumed or agreed upon without exception. This forfeiture will be reflected on the subsequent renewal invoice to the Customer. v) Accounts will automatically renew at the end of the pre-pay period and invoicing will be sent via electronic mail only. No invoices will be sent by fax or standard mail unless otherwise requested.
vi) Late payments may result in your site being temporarily disabled without notice. If you site is disabled, it will not be re-activated until payment has been received. There will be a reactivation charge of ten (10) dollars converted to Nigerian Currency if this occurs. It is the Customers responsibility to ensure that they have made payment and that Sonny advance links technology has received that payment.
vii) All prices are quoted in Nigerian Currency or United state dollar, unless otherwise noted.
3) Cancellation
i) Sonny advance links technology reserves the right to cancel service at any time and the Customer agrees not to hold sonny advance links technology responsible for any damages as a result of termination. All fees paid in advance of cancellation will be Pro-rated and paid by sonny advance links technology if sonny advance links technology institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the Customer (i.e. Transfer, space etc.). Any termination by the Customer of a contract not fulfilled will result in a pro rated refund amount as determined by the sole discretion of sonny advance links technology. The customer is required to request this refund in writing within thirty (30) days of the written cancellation notice. Accounts not paid within 30 days of the renewal invoice will be disconnected and deleted from the server.
ii) Any termination by a customer after the minimum three (3) months, of a site that has been discounted for annual prepayment or any other promotion that is time dependent will forfeit the discounts applied or given and this will be reflected in the refund payment made by sonny advance links technology.
iii) If cancellation is a result of a breach of this contract, including but not limited to violating the lawful purpose, no refund shall be issued for any reason.
4) Lawful Purpose
Sonny advance links technology reserves the right to refuse service to anyone. Customers may only use sonny advance links technology server(s) for lawful purposes. Transmission of any material in violation of any International, Federal, Provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Sonny advance links technology expressly forbids anyone from using sonny advance links technology servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic and hate related materials, slanderous, illegal, offensive and any and all materials of an adult nature.
The designation of any materials as such described above is left entirely to the discretion of sonny advance links technology and its management. If sonny advance links technology deems the site to be in contradiction to its own morals, obligations and/or lawful purpose, a minimum fine of $500 converted to Nigerian Currency will be charged to the Customer’s credit card and service will be terminated with or without prior notice.
5) Indemnification
i) Customer agrees that it shall defend, indemnify, save and hold sonny advance links technology harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Sonny advance links technology 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 the Customer, it's agents, employees or assigns. Customer agrees to defend, indemnify, save and hold sonny advance links technology Harmless from any harm caused by the loss or disruption of service including but not limited to downtime, and missing or lost email. Customer agrees to defend, indemnify, save and hold sonny advance links technology harmless against liabilities arising out of;
(1) Any injury to person or property caused by any products sold or otherwise
Distributed in connection with sonny advance links technology servers;
(2) Any material supplied by the Customer infringing
Or allegedly infringing on the proprietary rights of a third party;
(3) Copyright infringement
(4) Trademark infringement and
(5) Any defective products sold to a user from sonny advance links technology server.
ii) The laws of the Province of Port Harcourt and the Law of Federal republic of Nigeria applicable shall govern this agreement. Sonny advance links technology and the Customer agree to attorn to the jurisdiction of the courts of Nigeria located in Port Harcourt.
6) Disclaimer
i) Sonny advance links technology will not be responsible for any damages a business may suffer. Sonny advance links technology makes no warranties of any kind; expressed or implied, for services it provides. sonny advance links technology disclaims any warranty or merchantability or fitness for a particular purpose; this includes, but is not limited to, loss of data or email resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by sonny advance links technology and its employees. Sonny advance links technology will not be responsible for providing computer equipment to the Customer for any purpose whatsoever unless requested for. Sonny advance links technology reserves the right to revise its policies terms and conditions at any time, and from time to time.
ii) Failure to perform or follow any term or condition will be grounds for immediate account deactivation. |