Hosting Terms

Web Hosting Terms and Conditions

1. STANDARD TERMS AND CONDITIONS

These Terms of Service are an agreement (the “Agreement”) between Akoi Media, P/L (“Akoiweb”) and you (“Client” or “you” or “your”). This Agreement states the terms and conditions of your use of the products and services (the “Services”) made available by Akoiweb and the Akoiweb.co.zw website. By using any of the Services, you agree to be bound by all of the terms and provisions of the Agreement. OWNERSHIP

The owner of the payment method (Credit Card, PayPal, BitCoin, or Skrill) which is used for payment on the account is designated as the authorized owner of the account.

THIRD PARTY PROVIDERS

All transactions with third party providers are solely between you and the individual provider. Akoiweb is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific third party provider with whom you are dealing.

Akoiweb does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. Akoiweb does not warrant the accuracy or completeness of any information regarding third party providers.

USE OF THE SERVICES

All Services may only be used for lawful purposes. The laws of Zimbabwe, United States apply to all Clients of Akoiweb.co.zw. You agree to indemnify and hold harmless Akoiweb from any claims resulting from your use of Akoiweb Services. You represent and warrant to Akoiweb that you are 18 years of age or older. Any use of or access to the Services by anyone under 18 years of age is prohibited.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

Use of the Akoiweb Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@akoiweb.co.zw with the information pertaining to your claim.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

X IRC Scripts/Bots

Proxy Scripts/Anonymizers

Pirated Software/Warez

Image Hosting Scripts (similar to Photobucket or Tinypic)

IP Scanners

Bruteforce Programs/Scripts/Applications

Mail Bombers/Spam Scripts

File Dump/Mirror Scripts (similar to Rapidshare)

Sale of any controlled substance without prior proof of appropriate permit(s)

Lottery/Gambling Sites

Sites promoting illegal activities

Forums and/or websites that distribute or link to Warez/pirated/illegal content.

Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).

All of the files on our shared hosting accounts must pertain to your website(s). Akoiweb shared hosting may not be used for massive file storage systems, or backup storage solutions. You are not authorized to use Akoiweb for the hosting of download mirrors. You may have files for your clients/users/ to use, however if your website is based around a user downloading files, you will need to look obtain a VPS solution.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, you must set permissions on most directories to 755 or as restrictive as possible. Clients are responsible for all actions taken under their account. This includes the compromise of credentials such as Client name and password. You must use a secure password.

Solely for the purpose of providing the Services, you hereby grant to Akoiweb the right and license to access, store and use any content provided by you, and to remove all or any portion of such content if you violate the provisions of the Akoiweb Service Agreement or this Agreement.

Akoiweb may from time to time, and at any time, monitor your use of the Services to ensure your compliance with the provisions of this Agreement.

PAYMENT

Payment for all services are due and payable in advance of the time in which said services are provided.

You will be billed on an automatically recurring basis to prevent any disruption of your service(s). Said payments would be made using payment information on file with Akoiweb, such as Credit Card or PayPal.

Listed fees for the Services do not include any sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

All invoices for services must be paid within forty eight (48) hours of the invoice due date or will be suspended. Any service with an invoice that is outstanding for more than twenty-one (21) days may be terminated.

ZERO TOLERANCE SPAM POLICY

Akoiweb has zero tolerance for Clients sending unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any Client who sends out spam will have such Client’s account terminated, and may be terminated without notice. Akoiweb also reserve the right to charge Clients who engage in spam mailing a consulting fee of $250 per hour for any remedial actions that Akoiweb elects to take in the event that, as a result of a Client’s activities, Akoiweb servers or IP space are placed in any third-party mail filtering software or black hole lists. Akoiweb also reserves the right to require all client’s requesting more than 32 IP addresses to pay a deposit of up to $250 in order to be allowed to send emails. The deposit will be refunded at cancellation time, as long as no spam complaints have been received.

BACKUPS AND DATA LOSS

Your use of Akoiweb Services is at your sole risk. Akoiweb servers are setup with RAID to constantly mirror all data to a second disk. Akoiweb is not responsible for files and/or data stored on Akoiweb servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Akoiweb servers.

Akoiweb BACKUPS SERVICE

Your use of Akoiweb’ Backup Service includes the fee associated with Akoiweb setting up your initial backup service, as well as all support requests you may put in related to your backups service. It is your responsibility to ensure the integrity of your backups. Akoiweb assumes no liability related to the validity, and or integrity of the data contained within your backups. You are responsible for notifying Akoiweb, should you believe there is a problem with your backups.

UNLIMITED HOSTING POLICY

Akoiweb will allocate Clients an unlimited amount of disk space and bandwidth. The unlimited disk space and bandwidth may only be used to store and transfer files relevant to the website(s) being hosted. If a Client causes continuous server or service interruptions under their current plan, then they will be asked to upgrade to a more powerful plan (Business, VPS, or Dedicated). In these extreme cases, the client will be notified of the need to upgrade. We will NEVER terminate a Client’s account, and we will only suspend accounts in the most extreme circumstances (in the event of causing the server to crash), or if the client has not contacted us after we send out warning emails of the abuse.

ABUSE TOWARDS Akoiweb

At Akoiweb, Clients are treated with respect. In return, Akoiweb expects an equal level of respect from their Clients. If Akoiweb feels that a Client is being disrespectful or demeaning towards any staff member, the Client may be asked to move to a new hosting provider. That Client will then be given one week (7 days) to move to a new host. After this time period, Akoiweb reserves the right to completely remove/terminate Client’s account. The Client will not be entitled to any refunds. However, refunds may be issued for advanced payments if Akoiweb chooses to do so.

SERVER ABUSE/CUSTOMER ABUSE

Any attempted attack against any Akoiweb server and/or Client being hosted by Akoiweb will result in automatic termination of the offending account with no refund including, but not limited to, no refunds for advanced payments, and a permanent banning of the offending Client.

VIOLATION OF Akoiweb SERVICE AGREEMENT

Failure to fully comply with the Akoiweb Service Agreement or this Agreement may result in an immediate suspension and/or terminated without any refund. There will be no refunds for payments made in advance. Akoiweb Clients must adhere to their Akoiweb Service Agreement and with this Agreement. If a Client is uncertain about the terms of the Akoiweb Service Agreement or this Agreement, or has any other questions about these Agreements, they should contact Akoiweb via the Akoiweb support portal (client area) for clarification.

Akoiweb reserves the right to remove/suspend any account without notice of the Akoiweb Service Agreement or this Agreement is violated. If a Client violates the Hostwind Service Agreement or this Agreement, Akoiweb will either give the Client warning, if Akoiweb so chooses, or immediately terminate/delete Client’s account. No warning is required.

PRICE/PLAN CHANGES

The amount a Client pays for hosting may change from time to time. Please contact us for the current amount.

CHANGES TO THE AGREEMENT OR TO THE SERVICES

Akoiweb may modify, add, or delete portions of this Agreement at any time. Akoiweb will post a notice on the Akoiweb website for a period of 30 days before the effective date of any such change. Thereafter, your use any of the Services shall constitute agreement to such change.

Akoiweb may modify, change, or discontinue any aspect of the Services at any time.

CANCELLATIONS

All cancellation requests must be submitted in the client area and confirmed in the ticket that is generated from this action, before the next billing cycle begins. Failure to do this will result in your being automatically billed, for which refunds will not be given. All cancellations once confirmed, are processed immediately, resulting in the service and data it held being purged from our systems. Please ensure you have full backups of all of your data prior to submitting said request. Cancellation requests must be submitted directly on the product page and the ticket that results from that must be confirmed. Attempting to cancel through any other form of contact or method would not be considered a valid cancellation request.

Akoiweb does not charge late fees, however, if a service is paid for late, the next due date for the service will not be adjusted. Services that are not properly canceled through the appropriate methods will remain active. If a Client has multiple services with Akoiweb, failure to pay one of their active services without a proper cancellation may result in their other active service’s suspension due to the account having an outstanding invoice. Akoiweb will send several reminders and warnings prior to this action given the severity of full account suspension.

Custom Dedicated Cluster Solutions must have cancellation request received at least 14 days prior to the next bill being due, failure to provide written cancellation before this deadline, will result in an automatic renewal.

TERMINATION

Akoiweb may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; or (iii) as otherwise specified in this Agreement. In such event, Akoiweb shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination

Upon termination of the services for any reason, user content, user websites, and other data will be deleted.

CHARGEBACKS AND DISPUTES

In the event that we are notified that a chargeback or other dispute is filed, all of your active services will be immediately terminated from our system, and your account will be immediately closed. Threatening to chargeback in any communication with Akoiweb, can at Akoiweb sole discretion result in permanent account closure.

RESELLER WEB HOSTING AGREEMENT

This Agreement applies to Client’s Services as well. All content hosted on any Akoiweb server is subject to this Agreement.

WHITE LABEL RESELLER PROVISIONS

The free domain, and WHMCS license that is granted with all white label reseller accounts, are only active while the white label reseller account is active. Cancellation of the white label reseller account, shall result in forfeiture of the domain and of the WHMCS license.

DISCLOSURE TO LAW ENFORCEMENT

Akoiweb may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Akoiweb will cooperate fully with law enforcement agencies.

Akoiweb PROPRIETARY CONTENT

Except for content provided by Client, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (“Akoiweb Content”), are the property of Akoiweb. Akoiweb Content may not be used, modified, copied, distributed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. Client may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Akoiweb Content.

PROHIBITED PERSONS

The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or if you are listed as an SDN, you are prohibited from registering for or using the Services. In addition, you may not use any Akoiweb Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.

DISCLAIMER

Akoiweb shall not be responsible for any damages a Client’s business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Akoiweb and its Clients. Akoiweb makes NO WARRANTIES of any kind, expressed or implied for Services provided. Akoiweb makes NO WARRANTIES of MERCHANTABILITY or FITNESS for a particular purpose.

IN NO EVENT WILL Akoiweb 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 Akoiweb IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding anything to the contrary contained herein, Akoiweb LIABILITY to you, or any party claiming through you, FOR ANY CAUSE whatsoever, and regardless of the form of the action, is LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Akoiweb FOR THE SERVICES IN THE THREE (THREE) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.

GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Zimbabwe. You and Akoiweb submit to the non-exclusive jurisdiction of the courts in and of Zimbabwe in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

ENTIRE AGREEMENT

This Agreement, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement and such other agreements constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

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