Terms of Use
Upon signing up for BighostAfrica's services, all
customers agree to comply with BighostAfrica's Terms of Use. The
spirit of this policy is to ensure our customers are using
BighostAfrica's services with due regard to the rights of other
Internet users and in conformity with the requirements of
BighostAfrica's network environment. Please note that asterisked
items (*) are not applicable to Dedicated Server customers.
Illegal Use
BighostAfrica.com servers may be used for lawful purposes only.
Transmission, storage, or distribution of any information, data,
or material in violation of any applicable law or regulation, or
that may directly facilitate the violation of any particular law
or regulation is prohibited. This includes, but is not limited to:
copyrighted material; trademarks; trade secrets or other
intellectual property rights used without proper authorization;
material that is obscene, defamatory, constitutes an illegal
threat, or violates export control laws. Examples of unacceptable
content or links include: pirated software, hacker programs or
archives, Warez sites, MP3, and IRC bots.
Adult Content
Due to the special system and network requirements of
adult-oriented sites, pornography and hard core sex-related
merchandising are prohibited. This includes sites that may infer
sexual content or provide links to adult content elsewhere. This
is also true for sites that promote any illegal activity or
content that may be damaging to our servers or any other server on
the Internet, or provide links to such sites.
Security
Violations of system or network security are
prohibited and may result in criminal and civil liability.
Examples include but are not limited to the following:
unauthorized access, use, probing, or scanning of systems security
or authentication measures, data, or traffic; interference with
service to any user, host, or network including, without
limitation, mail bombing, flooding, deliberate attempts to
overload a system, broadcast attacks; forging of any TCP-IP packet
header or any part of the header information in an email or a
newsgroup posting.
Server Resources*
Any web site that uses a high amount of server resources (such
as, but not limited to, CPU time, memory usage, and network
resources) will be given the option to either pay additional fees
(which will depend on the resources required), reduce the
resources used to an acceptable level, or upgrade its service.
BighostAfrica.com shall be the sole arbiter of what is considered
to be a high server usage level.
Any web hosting account deemed to be adversely affecting server
performance or network integrity will be shut down without prior
notice.
CGI Scripts*
CGI script sharing with domains not hosted by BighostAfrica.com
is not permitted. Any CGI-scripts deemed to be adversely affecting
server performance or network integrity will be shut down without
prior notice.
Chat Rooms*
BighostAfrica.com does not allow customers to install their own
chat rooms. Chat rooms tend to require significant system
resources and therefore cannot be permitted as an account option.
However, BighostAfrica.com provides Java chat rooms that meet most
users' needs and run without hindering system performance.
Background Running Programs and Cron
Jobs*
BighostAfrica.com may allow programs to run in the background.
These programs will be considered on an individual basis and
customers will incur extra charges based on system resources used
and operational maintenance needed. If you wish to run background
programs please contact BighostAfrica.com at
support@bighostafrica.com
so that we can arrange set-up.
IRC
BighostAfrica.com does not allow IRC or IRC bots to be operated
on our servers.
Spamming, the sending of unsolicited mass email from or through
a BighostAfrica.com server or using an email address that is
maintained on a BighostAfrica.com machine is STRICTLY prohibited.
BighostAfrica.com will be the sole arbiter as to what constitutes
a violation of this provision. Customers are also in violation of
this provision if they engage in spamming using the service of
another ISP or IPP, but reference in the spam a web site hosted on
a BighostAfrica.com server, or if they sell or distribute software
on their web site that facilitates spamming. Violators will face
immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a BighostAfrica.com
server or customer are strictly prohibited.
Software Distribution*
BighostAfrica's shared web hosting accounts are not configured
for the purposes of distributing software and/or multimedia
products. If you wish to distribute software and/or multimedia
files, please contact
sales@bighostafrica.com to make special arrangements.
Multimedia Files*
Multimedia files are defined as any graphics, audio, and video
files. BighostAfrica.com shared web hosting accounts are not to be
used for the purposes of distributing and storing unusual amounts
of multimedia files. Any web site whose disk space usage for
storing multimedia files exceeds 70% of its total usage, in terms
of total size or number of files, will be considered to be using
an unusual amount of multimedia files.
Databases*
Any database stored on BighostAfrica's servers shall be limited
in size to 10% of the total disk space allotted for that
particular domain's plan/web hosting account.
Affiliate
Each customer must stay with BighostAfrica for more then 45
days to collect payment. All payments are mailed or credited
unless otherwise agreed upon. Applies to new customers only.
The Digital Millennium Copyright Act ("DMCA") sets forth the
requirements for valid copyright infringement notification. If you
would like to notify BighostAfrica.com of an infringement of your
copyright, the DMCA requires that you:
Send your notification to BighostAfrica's designated agent.
Actions Taken by BighostAfrica
The failure by a customer to meet or follow any of the above
Terms of Use is grounds for account deactivation.
BighostAfrica.com will be the sole arbiter as to what constitutes
a violation of the Terms of Use. BighostAfrica.com reserves the
right to remove any account without prior notice.
When BighostAfrica.com becomes aware of an alleged violation of
its Terms of Use, BighostAfrica.com will initiate an
investigation. During the investigation, BighostAfrica.com may
restrict a customer's access in order to prevent further
potentially unauthorized activity. Depending on the severity of
the violation, BighostAfrica.com may, at its sole discretion,
restrict, suspend, or terminate a customer's web hosting account
and/or pursue other civil remedies. If such violation is a
criminal offense, BighostAfrica.com will notify the appropriate
law enforcement authorities of such violation.
BighostAfrica.com does not issue credits for outages incurred
through service disablement resulting from Terms of Use
violations.
BighostAfrica.com customers agree to indemnify and hold
harmless BighostAfrica.com from any claims resulting from the use
of our services that damages them or any other party. The
BighostAfrica.com service is provided on an as is, as available
basis without warranties of any kind, either express or implied,
including, but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement.
BighostAfrica.com expressly disclaims any representation or
warranty that the BighostAfrica.com service will be error-free,
secure or uninterrupted. No oral advice or written information
given by BighostAfrica, its employees, licensors or the like, will
create a warranty; nor may you rely on any such information or
advice. BighostAfrica.com and its partners and suppliers will not
be liable for any cost or damage arising either directly or
indirectly from any transaction or use of the service.
The ICANN Dispute Policy
http://www.icann.org/udrp/udrp.htm
http://www.opensrs.org/exhibita.shtml
http://resellers.tucows.com/opensrs/uk/ukexhibita
These can be found at:
http://resellers.tucows.com/opensrs/uk/ukterms
Form of Registration Agreement
http://resellers.tucows.com/opensrs/info/infoexhibita
APPENDIX A:
Form of Registration Agreement
http://resellers.tucows.com/opensrs/ca/ca_exhibita
dot CC Exhibit A -
http://www.opensrs.org/cc/cc_exhibit_a.html
APPENDIX A
Form of Registration Agreement:
http://www.opensrs.org/tv/tv_exhibit_a.html
BighostAfrica.com reserves the right to add, delete, or modify
any provision of its Terms of Use at any time without notice. |
