Terms of Service
The use of services provided by Africana Solutions (hereafter referred to as “Africana”) is subject to the following Terms and Conditions.
Party Definitions and Introductory Terms – The operative parties referred to in this Agreement are defined as follows:
- Africana is the publisher and operator of www.africana.co.zm (the “Site”) whereby Africana makes certain web hosting services (the “Services”) available. For purposes of this Agreement, when “Site” or “Services” are referenced, such reference includes all hardware, software, and network resources necessary to provide said Site and/or Service.When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Africana. Additionally, when the terms “the Site” or “Site” are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy.
- You, the Client – As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as “Your,” “Yours,” etc.
PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS. BY SUBSCRIBING TO AFRICANA’S SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “AGREEMENT”).YOU SHOULD PRINT-OUT OR OTHERWISE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE. AFRICANA AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. ANY USE OF AFRICANA’S SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT HOSTING SERVICES TERMS AND CONDITIONS.
1.1 At the time of initial registration, You will select from the list of available Services the service plan(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by Africana. Your subscription to the Services will be deemed accepted by Africana when Africana delivers a confirmation of the subscription to You. Africana reserves the right to refuse to provide You with any Service for any reason. Africana also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional Services. All additional Services shall be considered “Services” hereunder. All Services provided are subject to availability and to all of the terms and conditions of this Agreement.
2. REVISIONS TO USER AGREEMENT
This Agreement contains the complete and entire terms and conditions that apply to Your use of Africana’s Services (as defined below). Africana may modify the terms of this Agreement, including the at any time.
2.1 From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
2.2 You agree to periodically re-visit this web page, and to use the “refresh” button on Your browser when doing so.
2.3 Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes.
2.4 Waiver – if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
3. DURATION OF AGREEMENT AND CANCELLATION POLICY
3.1 The Initial Term shall begin upon confirmation of Your order or commencement of the Services to You and receipt of lawful funds. The term’s length is chosen by You and shall be indicated when You order Our Services. This Agreement may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by Africana. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
3.2 Africana may also terminate this Agreement in its sole discretion at any time for any reason or no reason. (“Termination without Cause”). In such case, Africana will provide You with thirty (30) days written notice before the discontinuation of Services.
3.3 If Africana cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 3.2, Africana shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that Africana terminates the Agreement for cause, all prepaid hosting fees will be forfeited and are not refundable. The termination of this Agreement does not relieve You of Your obligation to pay any Fees accrued or payable to Africana.co.zm prior to the effective date of termination of this Agreement.
3.4 In addition to Africana’s right to terminate this Agreement provided elsewhere in this Agreement, Africana may terminate this Agreement effective immediately if, based on Africana’s sole judgment, it determines that You or any of Your end-users: (a) have breached the Acceptable Use Policy (“AUP”) as described in Section 6 of this Agreement, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which Africana considers illegal or high risk, in its discretion. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon Africana to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
3.5 The termination of this Agreement will terminate Your access to the Services and Your license to the Host Materials (as defined in Section 5.2 of this Agreement). Africana shall not be liable to You or to any third party for termination of the Services permitted under this agreement. Upon termination of this Agreement, Africana reserves the right to maintain copies of Your data files and records for archival purposes, but does not undertake any obligation to do so. Africana reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.
3.6 If either party cancels or terminates this Agreement for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement host and moving all electronic data, graphics, images, video or text to the new service provider. Upon termination of this Agreement, provisions that by their nature would be expected to survive termination shall survive and remain in full force and effect in accordance with their terms.
4. ACCOUNT SET UP
4.1 When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
4.2 You must provide Us with a primary email address that is checked regularly and frequently. All notices and communications between Us will be sent to the email address You provide, and You are therefore required to keep this address current or notify Us if Your address changes. You should notify Us if any of Your contact and/or billing information changes so that We may update Your account. It is also Your responsibility to make sure that Our domain(s), africana.co.zm, are not included in any spam block list used by You or Your mail provider.
4.3 Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 3 of this Agreement.
4.4 You are responsible for all activity transpiring under Your account. We therefore highly recommend that You secure file, directory, and script permissions to the most restrictive settings possible. You agree that You have the technical ability to properly operate a web site and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, Africana’s site and/or equipment, and any other site.
5. INTELLECTUAL PROPERTY RIGHTS
All Services provided by Africana may only be used for lawful purposes.
5.1 As between You and Africana, Africana acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied by You for use on Your web site (“Your Content”). You hereby grant to Africana a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable Africana to perform its obligations hereunder.
5.2 In connection with performance of the Services and at the sole discretion of Africana, Africana may (but is not obligated to) provide You with certain materials, including, without limitation, computer software (in object code or source code form), data, documentation or information developed or provided by Africana or its suppliers under this Agreement, domain names, electronic mail addresses and other network addresses assigned to You, and other know-how, methodologies, equipment, and processes used by Africana to provide You with the Services (“Host Materials”). Subject to the terms and conditions of this Agreement, Africana hereby grants You a limited, revocable, non-transferable, non-exclusive license to use the Host Materials solely in connection with the Services. This license terminates when this Agreement terminates. As between You and Africana, You acknowledge and agree that Africana owns all right, title, and interest or otherwise has acquired all applicable licenses for the Host Materials, and all copyright, trade secret, patent, trademark and other intellectual property rights therein. Any use of the Host Materials after termination of this Agreement is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Host Materials obtained through the Services without first obtaining the express written permission to do so from Africana.
5.3 This Agreement does not constitute a license to use Africana’s trade names, service marks or any other trade insignia. Any use of any of Africana’s trade names, service marks or any other trade insignia is strictly prohibited, absent Africana’s prior written consent.
5.4 If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, or if We are required to file an ICANN complaint against You in order to bring about the transfer of an offending URL to Us from You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages, or in order to seek injunctive relief from You, or in order to file and prosecute an ICANN complaint.
5.5 You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
6. CONTENT AND ACCEPTABLE USE POLICY
6.1 You agree to comply with Africana’s Acceptable Use Policy (“AUP”), which may be found by accessing Africana’s web site at http://www.africana.co.zm/AUP/, which policy is hereby incorporated by reference as an indispensable part of this Agreement. Africana reserves the right to modify the AUP at any time by posting the modified policy on its web site. You agree to monitor the Africana.co.zm home page for any changes to the AUP. Your continued use of the Services after the effective date of any changes to the AUP constitutes Your manifestation of intent to be bound by such changes. Africana may, at its sole discretion, immediately terminate Your access to the Services, or this Agreement, if Your conduct violates the AUP, or if any of Your end users’ conduct violates the AUP.
6.2 Africana will not actively monitor the content of the web sites being hosted by Africana.co.zm, although Africana.co.zm, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning Your account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. Africana will investigate complaints of a violation of a third party right or of the AUP. Africana will cooperate with those attempting to minimize Internet abuse and reserves the right to institute “filters” or other mechanisms for that purpose. Africana will cooperate with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in this Agreement, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of this Agreement between the Parties.
6.3 You acknowledge and expressly agree that Africana will not be liable to You or any of Your end users for any action Africana takes to remove or restrict access to the Services for any alleged violation of the AUP.
6.4 Africana may, at its sole discretion, immediately terminate Your access to the Services, and terminate this Agreement for cause, if Your conduct violates the acceptable uses outlined below, or if any of Your end users’ or downstream customers’ conduct violate such acceptable uses.
6.5 Africana takes the issue of child pornography very seriously, and any potential harm to minors using our services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, Africana reserves the right to terminate any account whose website(s) hosts or links to child pornography immediately and without notice to You. You agree to cooperate in any such efforts. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with Africana in any effort to investigate, disable or remove such content originating with Your end-users. Consistent with federal law, Africana will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities.
6.6 If You suspect any instances of child pornography appearing on sites hosted by Africana, We encourage You to send such reports to Our abuse address (email@example.com), and include the file name and/or URL (or other location on the customer’s site), victim (if known), date of birth, date of production, and any other information about the suspect image(s). Do not send the image(s) in question.
6.7 We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers.
6.8 You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site. You agree not to allow minors to view any such site, and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.
We cannot be held responsible for, claims arising from the publication of Your content (including third-party content published on Your website(s)). We do not create such content, and We are not responsible for the publication of remarks or communications of You or third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights.
6.9 Specific Requirements for Service Provider and User-Generated Content Subscribers
If You use Our Services for any site, sub-domain, page or business model that allows Your end users or customers to control or upload material to Internet space assigned to You by Us, You shall be deemed to be acting as a “Service Provider” with respect to such services and/or customers. Service Providers include but are not limited to Clients which; a) resell bandwidth as hosts to third parties; b) operate user-generated content sites such as forums, “tube” sites, review sites, and online classified advertising sites; c) operate search engines; or d) operate peer-to-peer file sharing networks. Clients acting as a Service Provider for third party users shall comply with the following provisions:
- You shall notify Us of all domains, web pages or IP addresses for which You are acting as Service Provider.
6.10 Nothing contained in this Section, or any part of this Agreement, shall constitute legal or professional advice regarding any matter referenced therein. You are responsible for obtaining your own legal advice regarding compliance with any and all applicable laws or regulations.