Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into our Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. We may modify this AUP at any time without notice.

You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the Commonwealth of Massachusetts, is prohibited. We reserve the right to terminate the Services for any Customer that exposes the Company to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold the Company harmless from any claims resulting from your use of the Services.

Acceptable Use Policy

Quick Links

Prohibited Uses

You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law. Any content that, in our judgment, violates our Terms of Service, including this AUP, in any manner may be removed from our servers (or otherwise disabled), with or without notice. Examples of prohibited content and activities can be found in this section.

Zero Tolerance Spam Policy

We maintain a zero tolerance policy for use of our network or services to send unsolicited bulk or commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). Please review this section to avoid action under our AUP.

Defamation and Objectionable Content

We respect that the Internet provides a forum for free and open discussion and dissemination of information. Accordingly, we generally do not screen, monitor or control customer content. However, if we are made aware of content that violates the law or this AUP, we will consider the matter and take appropriate action as determined in our sole discretion balancing the merits of the complaint with the right to freedom of expression.

Enforcement

We may terminate your Services with or without notice upon any violation of this AUP. This section describes how we may enforce this AUP.

Reporting AUP Violations

If you feel you have discovered a violation of our AUP, please review this section to learn about our reporting procedures.

Prohibited Uses

No Illegal or Harmful Use – You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:

• Disclosing private sensitive personal information about others;
• Distributing malware or other malicious code;
• Engaging in the unlawful distribution of controlled substances and drug contraband;
• Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;
• Gambling;
• Hosting child pornography or content that is potentially harmful to minors. (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC));
• Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;
• Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com;
• Hosting or linking to an anonymous proxy server;
• Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify us by completing the Report Abuse form, or emailing us at privacy(AT)afrisoltech.co.ke;
• Money laundering;
• Phishing or engaging in identity theft; and
• Selling weapons or ammunition.

Unauthorized System Access or Network Abuse

No Unauthorized System Access or Network Abuse

You may not use the Services to gain access into any network or system without permission. Prohibited activities include:

• Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;
• Attacking other networks (i.e., Denial of Service (DoS) attacks);
• Intercepting or monitoring data without permission;
• Running a file sharing site;
• Running any software that interfaces with an IRC (Internet Relay Chat) network;
• Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of our website or servers for any unauthorized purpose;

Don’t Hamper System Performance

Consuming excessive amounts of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.

No Adult Content

You may not use the Services to distribute pornography or other adult-related content or offer any escort services.

No Storage of Backups

Backing up personal data to a hosting account is prohibited. Our Services are designed to host your website, not serve as a data repository. We reserve the right to remove backups from your hosting account.

Zero Tolerance Spam Policy

You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of our network or services in any manner associated with the transmission, distribution, or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

“Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.

Websites advertised via SPAM (i.e., Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: CAN-SPAM Act Compliance Guide.

Defamation and Objectionable Content

Defamation and Objectionable Content

We value the freedom of expression and encourage Users to be respectful with the content they post. As a web host, we are not a publisher of User content and are generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. Accordingly, we generally require a court order from a court of competent jurisdiction, as determined by the Company in its sole discretion, to take down alleged defamatory or objectionable content.

However, we reserve the right to disable or remove any content to prevent harm to others or to the Company, as determined in our sole discretion.

Enforcement

Resellers

If there is a violation of this AUP by a User of a Reseller, we will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspension or termination of your Reseller account.

Direct Customers

Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.

We reserve the right to enforce, or not enforce, this AUP in our sole discretion.

Reporting Violations of this AUP

If you feel you have discovered a violation of our AUP, please complete the Report Abuse form, or email us at privacy(AT)afrisoltech.co.ke.

Grievance Officer

You may choose to contact the Grievance Officer by emailing admin(AT)afrisoltech.co.ke or by mail to the following:

Affiliate Agreement

This Affiliate Agreement ("Agreement") contains the complete terms and conditions between Afrisol Technologies Digital, Inc., and its subsidiaries, affiliates, predecessors, successors and assigns (“Provider”) and you, regarding your application to and participation in the Provider Affiliate Program (the “Affiliate Program”) as an Affiliate of Provider, and the establishment of links from your website to Provider’s Website. The terms of this Agreement are subject to change by Provider without prior notice, but we will try to notify you of such changes in advance. BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE APPLICABLE PROVIDER TERMS AND CONDITIONS.

1. Definitions

• "Affiliate" - The business, individual, or entity applying to or participating in the Affiliate Program, or that displays Provider services and/or promotions on the Affiliate Site, or other means, using an affiliate tracking code in exchange for receiving a commission from Provider for sales directly resulting from such display.
• "Affiliate Dashboard" - The Affiliate Dashboard is used by Affiliates to track commissions, view reports, and update contact information and payment preferences.
• "Affiliate Platform" – An internal or third party platform, including without limitation, Afrisol Technologies Limited used by Provider to track Affiliate performance, including specific referrals and commissions earned through the Affiliate Program.
• "Affiliate Site" - The Affiliate's website which displays Provider Services and/or promotions.
• "Provider Services" - The services that are available for purchase from Provider.
• "Commission Fees" - The amount you will be paid for each Qualified Purchase by a Referred Customer subject to any applicable Commission Threshold and pursuant to the terms of this Agreement.
• "Commission Threshold" - The amount of Commission Fees as determined by Provider in its sole discretion an Affiliate must accrue prior to receiving a payment from Provider.
• "Qualified Purchase" - A sale of Provider Services by Provider, with a term of one (1) month or longer, to a Referred Customer that is not excluded under the Agreement.
• "Referred Customer" - Each new and unique customer referred from Affiliate through a Link (as defined in the Agreement) that provides valid account and billing information.
• "Terms of Service" – The terms of service agreed upon between Provider and a Referred Customer relating to the Provider Services.
• "Provider’s Website" – The Provider designated website that Affiliate shall link to from Affiliate Site.

Current date: Wednesday, January 29, 2025, 12 PM EAT

2. Applying for our Program

1. a) To begin the enrollment process, you must submit a completed Affiliate Program signup form.
2. b) We will evaluate your application and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your website or promotional method is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is unlawful or otherwise violates Provider’s Acceptable Use Policy, as determined in our sole discretion.
3. c) If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL or reapply using a different domain/URL name and then add the previously rejected domain name/URL to your Affiliate Dashboard. Provider, in its sole discretion, reserves the right to reject or remove any prospective affiliate from the Affiliate Program at any time, with or without notice.

3. Promotion of our Affiliate Relationship

1. a) Use of Links. If you qualify and agree to participate as an Affiliate, we may provide you with access to graphic and textual links and JavaScript code (each referred to herein as a "Link" or collectively, as the "Links") that you may use to promote Provider Services. Links will serve to identify your website as a member of the Affiliate Program and will establish a link from your website or e-mail to Provider Website. You agree to cooperate fully with us to establish, display, and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times. Provider may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote Provider that are not approved in advance by Provider. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer's knowledge (e.g., iframe).
2. b) Search Engine Marketing. Unless otherwise approved by Provider in writing, Affiliates shall not run SEM campaigns for Provider products and services on Google.
3. c) Keyword Noncompete. For so long as you are an Affiliate, you may not purchase, either directly or indirectly, or bid, either directly or indirectly, on any Keywords owned or offered through an internet search engine (including Google, Yahoo, or Bing) that compete with Provider’s name, trademarks, or product names. In addition, you will not engage in any activities that could result in confusion among consumers as to the source of an ad (including overuse of an authorized trademark).
4. d) Prohibited Activities. Except as permitted herein, you shall not and are not authorized to (i) use Provider’s trademark or other intellectual property without Provider’s express prior written permission; (ii) use Provider’s name (or any variation thereof) in a domain name, metatags, advertising, search terms, code, or otherwise; or (iii) act in any way that causes confusion concerning the source of Provider’s Services.
5. e) Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on Provider Services without our prior written consent. Affiliates may only use active coupons and discounts provided exclusively through the Affiliate Program using banners and links. Any violations of these terms shall constitute a material breach of this Agreement.

4. Disclosures

1. a) It is the intent of Provider to treat all customers fairly. Accordingly, we require all Affiliates to comply with applicable laws, regulations and guidelines, including without limitation, those concerning advertising and marketing which further includes as applicable the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of Provider’s Services must clearly and conspicuously disclose the fact that you receive compensation for Referred Customers. In addition, disclosures must:
   • (i) be made as close as possible to the claims,
   • (ii) be made on each page of the Affiliate Site containing a Link or referencing Provider, and
   • (iii) be immediately evident and not require scrolling, clicking or any other user action to learn you receive compensation.
   You can read more about how the FTC guidelines apply to you here. FTC guidelines are subject to change over time and it is your responsibility to review and comply with current guidelines as they may change over time. You are advised to seek and obtain your own legal advice on how these rules apply to the Affiliate Site or other promotional activities for which you receive compensation.
2. b) Provider reserves the right to withhold Commission Fees and cancel your participation in the Affiliate Program should we determine, in our sole discretion, that you are not in compliance with applicable laws, regulations and guidelines.

Current date: Wednesday, January 29, 2025, 12 PM EAT

5. Commission Determination; Qualified Purchases

Commission Fees will be calculated based on the commission rates stated on the Affiliate Dashboard for each Qualified Purchase (as defined herein) subject to commission accruing pursuant to the Agreement. A “Qualified Purchase” does NOT include any of the following:

1. A purchase by a Referred Customer that has transferred from any Provider partner or entity that owns, is owned by, or is under common ownership with Provider.
2. A purchase by a Referred Customer who is also associated with any Provider reseller, referral, or other program.
3. A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.
4. A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through a Link.
5. A purchase by a Referred Customer that has not been in good standing for a period of at least thirty (30) days or is in violation of Provider’s Terms of Service or other applicable policies at the time the Commission Fees accrue.
6. A purchase that Provider suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
7. A purchase referred by an Affiliate that has an excessive cancellation rate as determined in Provider’s sole discretion.
8. A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.
9. A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program, as determined in Provider’s sole discretion.
10. A purchase by a Referred Customer who received a popup with a discounted offer while leaving Provider’s Website during their purchase.
11. A purchase by a Referred Customer who, prior to such purchase, clicked through a Link established by another affiliate under this Affiliate Program.
12. A purchase by a Referred Customer more than thirty (30) days after clicking through the Link.

a) Provider reserves the right to withhold payment of Commission Fees to Affiliates who are new to the Affiliate Program, or who have referrals that are potentially the result of fraud as determined by Provider in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.

b) Provider reserves the right to suspend the payment of Commission Fees at any time and indefinitely if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement or the Provider Terms and Conditions by the Affiliate or a Referred Customer. Provider reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, or cancelled purchases. If no subsequent Commission Fees are due and owing, Provider may send Affiliate a bill for the balance of such refunded purchase upon termination of Affiliate’s participation in the Affiliate Program or termination of the Referred Customer.

c) Provider reserves the right to immediately cancel or withhold for later review any Commission Fees that fail to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees. Provider is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact Provider to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in Provider’s sole discretion.

d) Commissions for any Referred Customer who is associated with any Provider reseller, referral or other program may not be considered a Qualified Purchase, as determined by Provider in its sole discretion. In other words, you may not receive double commissions or compensation.

e) In the event that the Referred Customers that are referred to Provider by an Affiliate are determined to have an excessive cancellation rate, as determined by Provider in its sole discretion, Provider reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.

f) Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Provider or any violation of the terms of this Agreement constitutes immediate grounds for Provider to terminate the Affiliate’s participation in the Affiliate Program and will result in forfeiture of any Commission Fees due to the Affiliate.

6. Commission Payments

1. a) Subject to the terms of this Agreement and the terms of any applicable Affiliate Platform, Commission Fees will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Dashboard for each Qualified Purchase that accrues during the period for which such Commission Fees are being calculated.
2. b) Commission Fees will be processed approximately forty-five (45) to seventy (70) days after the last day of the month in which they accrue, unless you use an Affiliate Platform in which case they will be processed in accordance with your agreement with the applicable Affiliate Platform.
3. c) Provider will only compensate you for Qualified Purchases made in accordance with the terms of this Agreement.
4. d) Commission Fees shall be paid based on the current information in your Affiliate Dashboard. You are required to notify the Affiliate Platform promptly of any change in your address by updating your profile information in the Affiliate Dashboard. You are responsible for informing the Affiliate Platform of your desired payment form/type. You can update or change your desired payment method at any time by updating your affiliate profile located in the Affiliate Dashboard.
5. e) Depending on your Affiliate Platform, you may be subject to a minimum or maximum payment amount. All such minimum and maximum payment amounts are governed by your agreement with the Affiliate Platform.
6. f) You may view the currently available payment methods by logging into your Affiliate Dashboard for the applicable Affiliate Platform. If the Affiliate Platform offers PayPal as a payment method, please refer to PayPal’s policy to ensure you are eligible to receive payment if you reside outside of the United States.
7. g) Provider and the Affiliate Platform, in its sole discretion, reserves the right to modify the available payment methods or payment schedule at any time. Such changes shall take effect when posted.
8. h) Disputes: Affiliate agrees to file any disputes within forty-five (45) days of the date on which a disputed sale or event occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by Provider and Affiliate forfeits forever any rights to a potential claim.
9. i) Commission Fees will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to this Section, and (ii) reach the Commission Threshold based on the commission rates stated in the Affiliate Dashboard, solely as applied to Qualified Purchases which occurred within ninety (90) days of the end of the calendar month in which the first of such Qualified Purchases occurred. Provider reserves the right to change the Commission Threshold and will notify you as may be required pursuant to the terms of this Agreement.
10. j) It is solely your responsibility to provide Provider with accurate tax and payment information that is necessary to issue Commission Fees to you. Each Affiliate is required to submit a W8 (for Affiliates located outside of the U.S.) or W9 (for Affiliates located in the U.S.) tax form as applicable before any Commission Fees shall accrue. You are responsible for the payment of all taxes related to the Commission Fees you receive under this Agreement. In compliance with U.S. tax laws, the Affiliate Platform will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold. If Provider does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue and no Commission Fees will be owed with respect to such Qualified Purchase.
11. k) Any address change must be made in the Affiliate profile in the Affiliate Dashboard at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed.
12. l) Provider is not responsible for paying any third-party fees, including any fees charged by PayPal or banks, in order for you to receive Commission Fees.
13. m) Provider, in its sole discretion, may offer you the ability to receive Commission Fees through PayPal Payouts, standard PayPal, wire or ACH transfer. As it relates to PayPal Payouts mass pay option only, and notwithstanding any other provision of this Agreement to the contrary, if you utilize PayPal Payouts mass pay option then Provider will pay any transaction fees charged by PayPal.

Current date: Wednesday, January 29, 2025, 12 PM EAT

7. Data Security

Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist Provider in complying with any data subject rights request under the GDPR that Provider may receive from any individuals referred to Provider by Affiliate. Affiliate further agrees to promptly assist Provider in complying with any duties to cooperate with supervisory authorities under the GDPR.

8. Order Processing

Provider will process orders placed by Referred Customers who follow the Links from an Affiliate Site to Provider. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Provider’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through our website and/or the applicable Affiliate Platform. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between the Affiliate Site and the Provider Website are properly formatted.

Current date: Wednesday, January 29, 2025, 12 PM EAT

9. Obligations Regarding Your Affiliate Site

1. a) You are solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to the Provider Website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to Provider Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters.
2. b) We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Agreement. Affiliate shall reasonably cooperate with any Provider audit of the Affiliate Site, including but not limited to the provision of documentation or information reasonably requested by Provider. If you are not in compliance, we may terminate your participation in the Affiliate Program effective immediately.

10. Provider Responsibilities

We will provide all information necessary for you to make Links from your Affiliate Site to Provider Website. Provider will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for Provider Services placed by a Referred Customer, for tracking the volume and amount of Qualified Purchases generated by your Affiliate Site, for providing information to Affiliates regarding Qualified Purchase statistics, and for providing Referred Customers with the services purchased.

Current date: Wednesday, January 29, 2025, 12 PM EAT

11. Policies and Pricing

Referred Customers who buy Provider Services through our affiliate network are deemed to be Provider’s customers. Provider’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, Provider determines the prices to be charged for Provider Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of Provider Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on Provider Website, but we cannot guarantee the availability or price of any particular Provider Service.

Current date: Wednesday, January 29, 2025, 12 PM EAT

12. E-mails and Publicity

You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without Provider’s prior written consent, to be granted or denied in Provider’s sole discretion, in each instance. Additionally, you may only send emails containing a Link and or a message regarding Provider or the Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result in the forfeiture by you of any and all rights you may have to any Commission Fees and the termination of your participation in the Affiliate Program. Further, if your Affiliate account has excessive clicks in a very short period of time as determined by Provider in its sole discretion, the Affiliate relationship may be terminated.

13. IP Licenses and Use

1. a) Subject to the limitations set forth in this Agreement, we grant you a non-exclusive, non-transferable, non-assignable, revocable license to (i) provide access to the Provider Website through the Links solely in accordance with the terms of this Agreement; and (ii) use Provider’s IP for the sole purpose of promoting Provider’s Services on your Affiliate Site. You may not alter, modify, or change Provider’s IP in any way or use Provider’s IP in any manner that is disparaging or that otherwise portrays Provider, any Provider employee, representative or customer in a negative light. You are only entitled to use Provider’s IP in compliance with the terms of this Agreement. Your license to use Provider’s IP shall immediately terminate upon the termination of your participation in the Affiliate Program for any reason. We reserve all of our rights in Provider’s IP and your license to use Provider’s IP is limited to the manner described herein. Provider may review the Affiliate Site to ensure compliance with this Agreement at any time.
2. b) You grant to us a non-exclusive, worldwide license to utilize your name, title, trademarks, and logos (the "Affiliate Trademarks") in any advertisement or other materials used to promote Provider and the Affiliate Program. For the avoidance of doubt, Provider may, but is not obligated to use the Affiliate Trademarks at its sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.

Current date: Wednesday, January 29, 2025, 12 PM EAT

14. Term and Termination

1. a) The terms of this Agreement are effective upon your submission of an application to the Affiliate Program and shall remain in effect until either party terminates your participation in the Affiliate Program (the “Term”). Your participation in the Affiliate Program may be terminated at any time by either party, with or without notice or cause.
2. b) You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for Commission Fees only if the orders for the related Provider Services are not cancelled within thirty (30) days and comply with all the terms of this Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Provider in its sole discretion.
3. c) Any Affiliate who violates this Agreement, Provider's Terms of Service, or any applicable law or regulation will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
4. d) Provider reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in Provider's sole discretion.

15. Modification

We may modify this Agreement at any time in our sole discretion, and any modifications shall take effect when posted on our website. Your continued participation in the Affiliate Program following the posting of any modification on our website will constitute your binding acceptance of the modified terms. Modifications may include, but are not limited to, changes in the scope of Provider Services eligible for Commission Fees, Commission Fee amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement, in which event you shall be entitled to your rights under the unmodified Agreement in effect prior to the date of the applicable modification.

16. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate or any Provider Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our websites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.

17. Relationship of Parties

You and Provider are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this Section.

18. Representations and Warranties

1. a) You have reviewed and understand this Agreement and agree to be bound by its terms.
2. b) Your acceptance of this Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject; (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties; (iii) any provision of your by-laws or certificate of incorporation; or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
3. c) You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant Provider the license to use such marks in the manner contemplated herein; such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties; or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.
4. d) You are not required to obtain consent, approval, or authorization from any governmental authority or third party in connection with your entrance into this Agreement.
5. e) There is no pending or threatened claim against you regarding the Affiliate Trademarks; to your knowledge there is no basis for such claims.
6. f) During the Term, you will not include content on your Affiliate Site that is unlawful or objectionable as determined by us.
7. g) You are at least eighteen (18) years of age.
8. h) Each Referred Customer is valid and meets the criteria for generating a Commission Fee as provided in this Agreement.

19. Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

20. Indemnification

You hereby agree to indemnify and hold harmless Provider and its subsidiaries and affiliates against any claims arising out of (i) our use of your Affiliate Trademarks; (ii) misrepresentation made by you herein; (iii) claims related to your Affiliate Site including its development and content therein not attributable to us.

Current date: Wednesday, January 29, 2025, 12 PM EAT

21. Confidentiality

Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Provider customer and vendor lists, or pricing and sales information (including without limitation commission rates), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is:

• (a) already lawfully known to or independently developed by the receiving party,
• (b) disclosed in published materials,
• (c) generally known to the public, or
• (d) lawfully obtained from any third party not under any obligation of confidentiality to the discloser hereunder.

Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) pursuant to a valid subpoena or order issued by a court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder. In the event of such disclosure, the receiving party shall give the disclosing party prior notice before releasing any information unless giving such notice is prohibited.

22. Independent Investigation

You understand that we may at any time (directly or indirectly) solicit Provider relationships on terms that may differ from those contained in this Agreement. We may also solicit relationships with entities that operate websites that are similar to or compete with your Affiliate Site. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

Current date: Wednesday, January 29, 2025, 12 PM EAT

23. Miscellaneous

1. a) Governing Law. The laws of the State of Florida will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Duval County, Florida and you irrevocably consent to the jurisdiction of such court.
2. b) Binding Arbitration. By participating in this Affiliate Program, you agree to binding arbitration for any disputes or claims that arise against Provider or its subsidiaries in conjunction with this Affiliate Program. An arbitration firm selected by Provider will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this Affiliate Program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
3. c) Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Provider may assign its rights and obligations under this Agreement.
4. d) Waiver. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
5. e) Force Majeure. Provider is not liable for any default or delay in the performance of any of its obligations under this Agreement caused, directly or indirectly, by forces beyond Provider’s reasonable control, including without limitation, earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, pandemics or epidemics, lockout or boycott.

Arbitration Agreement

This Arbitration Agreement includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of this agreement by following the opt-out procedure described in Section 11. Unless otherwise stated, defined terms in this Arbitration Agreement have the meanings provided to them in the Afrisol Technologies Terms of Service. Afrisol Technologies may modify this Arbitration Agreement at any time with appropriate notice.

Informal Process First

You agree that in the event of any dispute between you and Afrisol Technologies, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under these Terms.

Binding Arbitration

Any dispute or claim that remains unresolved after the informal dispute resolution described in Section 1 except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms (a “Claim”) or Claims seeking more than $10,000 in damages, will be resolved by binding arbitration, rather than in court, provided that you may assert Claims in small claims court located in Suffolk County, Massachusetts if your Claims qualify.

No Judge or Jury

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

Arbitrator and Rules

The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org. In the event of a conflict between the commercial arbitration rules and this Arbitration Agreement, this agreement shall control, and the parties shall designate another arbitrator.

Starting an Arbitration

A party who intends to seek arbitration must first send written notice to Afrisol Technologies’s Legal Department of its intent to arbitrate (“Notice”). The Notice to Afrisol Technologies should be sent by any of the following means: (i) electronic mail to legal(AT)afrisoltech.co.ke; or (ii) sending the Notice by U.S. Postal Service certified mail to:

The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Afrisol Technologies may commence an arbitration proceeding.

Format of Proceedings

The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

Fees

If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, we will pay all other AAA and arbitrator’s fees and expenses. Any fees greater than the filing fees of the small claims court in your home jurisdiction will be paid by Afrisol Technologies.

Individual Basis; Jury Trial Waiver

To the fullest extent permitted by applicable law, you and Afrisol Technologies each agree that any proceeding to resolve a Claim will be conducted only in the respective party’s individual capacity and not as a plaintiff or class member in any purported class, consolidated, multiple plaintiff or representative action (“Class Action”). If for any reason a Claim proceeds in court rather than in arbitration, you and Afrisol Technologies each waive any right to a jury trial. You and Afrisol Technologies expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable may be determined only by a court of competent jurisdiction.

Enforcement

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods will have no applicability.

Invalidity

If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Afrisol Technologies each agree to exclusive jurisdiction of the Federal and State courts located in Boston, Massachusetts, and you agree to submit to personal jurisdiction for litigating any applicable dispute.

Opting Out

If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this arbitration agreement by sending an email to legal(AT)afrisoltech.co.ke within thirty (30) days from your first access or use of our Service.

Confidentiality

The parties shall maintain confidentiality regarding all aspects of arbitration proceedings and any awards granted therein unless disclosure is necessary for preparing for or conducting hearings on merits or required by law.

Backup Policy

You are solely responsible for backing up any data associated with your hosting packages. We strongly recommend that you take periodic backups and store them in a separate location in the event that you need to restore your data for any reason.

You may request a backup of the last 7 days (from the date of request) from us, and we will try to restore your data from our disaster recovery backups, subject to your payment of backup service fees. These backup services are provided as a courtesy, not an obligation.

We do not maintain any backups for VPS, Dedicated servers, Managed Servers, or OX Email.

Terms Of Service

Quick Links

• Eligibility, Registration and Account Security
• HIPAA Disclaimer
• Termination Policy
• Auto-Renewal Terms
• Refunds
• User’s Responsibilities
• Billing and Payment
• Resource Usage

Eligibility, Registration and Account Security

This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with us. This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you.

HIPAA Disclaimer

Our Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail.

Termination Policy

Your Services offer plans for a fixed period of time that you select upon purchase (e.g. 1 month, 1 year, etc.). Even though we do not want you to, we know that one day you might want to leave us.

Auto-Renewal Terms

Unless otherwise provided, your Services will automatically renew on your renewal date to ensure uninterrupted service. This section explains this process in more detail.

Refunds

This section describes our refund policy.

User’s Responsibilities

You are required to comply with applicable law and have certain obligations with respect to their use of the Services. You are also required to cooperate with us and utilize hardware and software that is compatible with the Services. In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.

Billing and Payment

We offer a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken in advance for the full term of your plan.

Resource Usage

You are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by you can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here.

Terms Of Service

These Terms of Service (the “Agreement”) are an agreement between you (“User” or “you” or “your”) and P.D.R Solutions (U.S.) LLC unless you are a User in India. For all Users in India, this is an Agreement between you and Endurance International Group (India) Private Limited, an Indian corporation. For all customers outside of India, “Company”, ”we”, “us” or “our” shall refer to P.D.R Solutions (U.S.) LLC, and for all customers in India, the same shall refer to Endurance International Group (India) Private Limited.

This Agreement sets forth the general terms and conditions of your use of the products and services made available by us and on our website (collectively, the “Services”).

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated into this Agreement by reference. By using the Services, you also agree to the terms of the following policies:

• Acceptable Use Policy
• Copyright Infringement Policy
• Data Request Policy
• Privacy Notice

Additional terms may also apply to certain Services and are incorporated into this Agreement by reference as applicable. For example, the Affiliate Agreement, Domain Registration Agreement, Reseller Agreement, and VPS Addendum will also apply to you as applicable and would be incorporated into this Agreement.

Account Eligibility

By registering for or using the Services, you represent and warrant that:

• You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
• 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.

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts, is accurate, correct, and complete at all times.

We are not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through our billing and support system. Providing false contact information of any kind may result in the termination of your account.

For dedicated server purchases or in certain other cases, you may be required to provide government-issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

Company Content

Except for User Content (as defined below), 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 (collectively, “Company Content”), are the proprietary property of the Company or the Company’s licensors.

Company Content may not be modified, copied, distributed, framed, 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. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content.

Any use of Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights to use the Services and any Company Content. All rights to use Company Content that are not expressly granted in this Agreement are reserved by the Company and the Company’s licensors.

User Content

You may upload, store, publish, display, and distribute information, text, photos, videos and other content for your website on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to us that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to the Company a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

We exercise no control over, and accept no responsibility for, User Content or the content of any information passing through our computers, network hubs and points of presence or the internet. We do not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that the Company shall have no liability due to any corrective action that we may take.

HIPAA Disclaimer

The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. We do not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services comply with HIPAA. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “Protected Health Information” is a material violation of this Agreement and grounds for immediate account termination. We do not sign “Business Associate Agreements,” and you agree that Company is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.

Payment Card Industry Security Standard Disclaimer

We comply with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. We do not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.

Certain Services; 404 Error Page

In the event you fail to configure a 404 error page, a default 404 error page will be configured by the Company to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize the Company’s placement of a default 404 error page and its associated content on your website. The Company’s 404 error page may contain advertisements and other materials selected by the Company in its sole discretion. This may include but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. The Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.

Third Party Products and Services

Third Party Providers

We may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and use of goods or services with the specific third party provider with whom you are dealing. Please refer to Appendix A to obtain links to the terms and conditions of certain third party providers. Appendix A is a representative list and not a comprehensive list of goods or services offered by third party providers.

The Company 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 third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. The Company is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

The Company as Reseller or Sublicensor

We may act as a reseller or sublicensor of certain third party services, hardware, software and equipment used in connection with the Services (“Resold Products”). We shall not be responsible for any changes in the Services that cause any Resold Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Resold Products either sold sublicensed or provided by us to you will not be deemed a breach of the Company’s obligations under this Agreement.

Any rights or remedies you may have regarding ownership licensing performance compliance of any Resold Product are limited to those rights extended to you by the manufacturer of such Resold Product. You are entitled to use any Resold Product supplied by us only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy alter reverse engineer tamper with such Resold Product or use it other than in connection with the Services. You shall not resell transfer export re-export any Resold Product nor any technical data derived therefrom in violation of applicable law rules regulations.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by us (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us.

If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Prohibited Persons (Countries, Entities, And Individuals)

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport of software or technical data in violation of U.S. Trade Laws.

In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People’s Republic, or the Luhansk People’s Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license.

Unless otherwise provided with explicit written permission, the Company also does not register and prohibits the use of any of our Services in connection with any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

Account Security and Company Systems

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may monitor our systems to ensure that use is authorized and to facilitate protection against unauthorized access.

During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks outside of your direct control requires express written consent from the third party.

Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean up your account for an additional fee.

We reserve the right to migrate your account from one data center to another in order to comply with applicable data center policies without notice.

Compatibility with the Services

You agree to cooperate fully with us in connection with our provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, the Company is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by us to provide the Services, which may be changed by us from time to time in our sole discretion.

You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. The Company does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

Billing and Payment Information

Prepayment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, at our sole discretion, payments may be applied to outstanding invoices in your billing account.

Auto-Renewal

Unless otherwise provided, you agree that until and unless you notify us of your desire to cancel the Services, you may be billed, but we are not obligated to bill you, on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Advance Account

If you maintain a credit balance, we will deduct from the credit balance when you purchase products or services from us. If the credit balance is insufficient for processing the order, the order may not be processed. Any negative balance in the Advance Account will become immediately payable. If you do not correct a negative balance in your account within 24 hours, we reserve the right to terminate the Services with immediate effect and without any notice.

Taxes

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority unless otherwise provided. 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.

Late Payment or Non-Payment

Any invoice that is outstanding may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue collection costs incurred by the Company, including without limitation arbitration and legal fees, and reasonable attorneys’ fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. You have fifteen (15) days from the expiry date to pay the outstanding amount due for a dedicated server. After 15 days, the data on the dedicated server will be permanently deleted and cannot be restored.

Domain Payments

Domain registrations: No refunds will be given once a domain is registered.
Domain renewals: You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed.

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes

If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

Price Change

The Company reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us.

Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect renewal or recurring prices.

Money-back Guarantee

Dedicated Servers

There are no refunds on dedicated servers. The forty-five (45) day money-back guarantee does not apply to dedicated servers.

Managed Shared, VPS and Reseller Services

The Company offers a thirty (30) day money-back guarantee for shared, VPS, and reseller hosting services only. If you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to any fees for any additional products or services. For more information about our refund policy on additional products or services please refer to the section Non-refundable Products and Services.

Cancellations and Refunds

Refunds

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Non-refundable Products and Services

Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee (including without limitation, administrative fee and/or tax) on Sectigo WebDNS, dedicated servers, or additional products or services such as Codeguard, Digital Certificates, Domain Backorder Service shared VPS hosting, SiteLock install fees for custom software, and/or any other products or services of the Company.

Cancellation Process

You may terminate or cancel the Services from the control panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information. However, you will continue to have access to use the Services purchased until the end of your prepaid term.

Please note that if you have pending orders outstanding on your account at the time you cancel your account, we will continue to process those orders so long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill any orders, the charges for such orders will be reversed and we reserve the right to cancel such orders.

We reserve the right to deny or cancel any order within thirty (30) days of processing such order. In such case we will refund the fees charged for the order.

Termination

We may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm us or others; (iv) you are abusive toward our staff; or (v) for any other lawful reason.

In such event, we will not refund any fees paid in advance of such termination, and you shall be obligated to pay all fees accrued prior to termination.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES AND OTHER DATA MAY BE DELETED.

CPU, Bandwidth and Disk Usage

Permitted CPU and Disk Usage

All use of hosting space provided by us is subject to this Agreement and our Acceptable Use Policy. Shared hosting space shall only be used for: (i) web files; (ii) active email; and (iii) content of User Websites.

However, Shared hosting space may not be used for any activity not listed above, including but not limited to: (i) storage of media or other data as determined by us; (ii) offsite storage of electronic files; (iii) gaming server; (iv) storing over 100,000 files; (v) running MySQL queries longer than 15 seconds; (vi) using more than 50% of your website’s disk space for storing emails; or (vii) using more than 5 GB per database.

We expressly reserve the right to review every shared account for excessive usage which might affect stability and performance. If you are in violation of these terms, we may require you to upgrade your package or terminate access.

Bandwidth Usage

Bandwidth usage is unmetered on shared and cloud hosting services. Specific limits on services have been mentioned on the product that you purchase. If we encounter any website consuming more than 25% of system resources for more than 90 seconds which might affect stability or performance, we may require you to upgrade or restrict bandwidth usage.

Reseller Terms and Client Responsibility

Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting, you must use a reseller account. Resellers shall ensure that each of its clients, customers or users (“Reseller Users”) complies with this Agreement, including for the sake of clarity, Appendix A.

Resellers are responsible for supporting Reseller Users, including but not limited to providing customer service, billing support, and technical support. The Company does not provide support to Reseller Users. If a Reseller User contacts us, we reserve the right to place a reseller client account on hold until the reseller can assume responsibility for the Reseller User. All support requests must be made by the reseller on Reseller User’s behalf for security purposes.

Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of Reseller Users. The Company may hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.

The Company is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify the Company from and against any and all claims made by any User arising from the reseller’s acts or omissions.

The Company reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by the Company.

Resellers in the Company’s Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

Limitation of Liability

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

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S 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 THE COMPANY FOR THE SERVICES IN THE THREE (3) 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.

Indemnification

You agree to indemnify, defend and hold harmless the Company, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including but not limited to reasonable attorney’s fees) threatened or asserted by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services; (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Arbitration

Your use of the Services is also governed by the following:

Unless you are in India, you also hereby agree to the Company’s Arbitration Agreement, which is incorporated into this Agreement by reference and can be found here.

Alternatively, if you are in India, the following provision applies to you:

All disputes, controversies and differences arising out of or relating to this Agreement shall be referred to and resolved by arbitration in Mumbai, India under the provisions of the Arbitration and Conciliation Act, 1996; provided that a party may seek equitable relief from a court of competent jurisdiction if they suffer immediate harm due to a breach.

The arbitration tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of first recommendation for an arbitrator in written form for a party to the other. If the parties fail to agree on appointment of such arbitrator then it shall be appointed as per provisions of Arbitration and Conciliation Act 1996.

The language of arbitration shall be English. The arbitrator shall produce a final and binding award within six (6) months of appointment. All costs of arbitration shall be borne equally by both parties.

Independent Contractor

The Company and User are independent contractors and nothing contained in this Agreement places the Company and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction

Unless you are in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts.

If you are in India, any controversy or claim arising out of or relating to this Agreement shall be governed by the substantive laws of the Republic of India. Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Backups and Data Loss

Your use of the Services is at your sole risk. The Company does not maintain backups of dedicated accounts or the Services purchased by you. You should not rely on the Company for backup. It is solely your responsibility to maintain backups. The Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the Company’s servers.

Limited Disclaimer and Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.

THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE AND EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Entire Agreement

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

Headings

The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services

We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on our website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver

No failure or delay by you or the Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of or assent to any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of the Company. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. We may assign our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our rights hereunder without consent from you. This Agreement shall be binding upon and shall inure to the benefit of both parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against you as if it were a party to this Agreement.

WordPress Plugins

If you install or use WordPress plugins operated by Automattic on your hosting account (including, for example, Jetpack), you also acknowledge and agree to (1) the WordPress.com Terms of Service located at https://en.wordpress.com/tos/ which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at http://automattic.com/privacy/, including without limitation, Automattic's collection of data as described therein.

Appendix A

If you purchase a third-party product or service from the Company, you agree to this Agreement AND the following terms and conditions of the third-party product or service, which are incorporated herein and made a part of this Agreement by reference:

• SiteLock
• CodeGuard
• Hostgator
• Bluehost
• Comodo SSL
• Google Apps Core Services
• WordPress
• Sectigo WebDNS (Premium DNS)
• Acronis Backup
• Monarx

Themes, Plugins, Logos Marketplace Services Addendum

VPS and Designated Server Addendum

Domain Registration Agreement

Afrisol Technologies App Terms of Service

Reseller Terms and Client Responsibility

Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting, you must use a reseller account. Resellers shall ensure that each of its clients, customers or users (“Reseller Users”) complies with this Agreement, including for the sake of clarity, Appendix A.

Resellers are responsible for supporting Reseller Users, including but not limited to providing customer service, billing support, and technical support. The Company does not provide support to Reseller Users. If a Reseller User contacts us, we reserve the right to place a reseller client account on hold until the reseller can assume responsibility for the Reseller User. All support requests must be made by the reseller on Reseller User’s behalf for security purposes.

Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of Reseller Users. The Company may hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.

The Company is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify the Company from and against any and all claims made by any User arising from the reseller’s acts or omissions.

The Company reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by the Company.

Resellers in the Company’s Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

WordPress Plugins

If you install or use WordPress plugins operated by Automattic on your hosting account (including, for example, Jetpack), you also acknowledge and agree to (1) the WordPress.com Terms of Service located at https://en.wordpress.com/tos/ which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at http://automattic.com/privacy/, including without limitation, Automattic's collection of data as described therein.

Appendix A

If you purchase a third-party product or service from the Company, you agree to this Agreements AND the following terms and conditions of the third-party product or service, which are incorporated herein and made a part of this Agreement by reference:

• SiteLock
• CodeGuard
• Hostgator
• Bluehost
• Comodo SSL
• Google Apps Core Services
• WordPress
• Sectigo WebDNS (Premium DNS)
• Acronis Backup
• Monarx

Themes, Plugins, Logos Marketplace Services Addendum

VPS and Designated Server Addendum

Domain Registration Agreement

Afrisol Technologies App Terms of Service

Current date: Wednesday, January 29, 2025, 12 PM EAT

Domain Backorder Service Addendum

This addendum (“Domain Backorder Service Addendum”) applies to you if you purchased Afrisol Technologies Domain Backorder Service (the “Domain Backorder Service”) and is incorporated by reference into Afrisol Technologies Terms of Service. Unless otherwise stated, defined terms in this Domain Backorder Service Addendum have the meanings provided in the Terms of Service. Afrisol Technologies may modify this Addendum at any time without notice.

When you subscribe to and/or are otherwise enrolled in the Domain Backorder Service, you authorize and direct Afrisol Technologies affiliated registrar (the “Registrar”) to attempt the acquisition of a domain name (designated by you) on your behalf in the event such domain name becomes available for registration. By placing a backorder on a domain name, Registrar will monitor and attempt to acquire the domain name for you should it become available.

Fees and Renewals

There’s a nonrefundable annual subscription fee for the Domain Backorder Service. Until you cancel or the domain is successfully acquired by Registrar, the Domain Backorder Service shall automatically renew for successive periods at the then current rate. Subsequent renewals of the Domain Backorder Service are also nonrefundable.

The Domain Backorder Service is limited to the top-level domains that are available at the time of subscription through Registrar.

Pricing and Acquisition

Afrisol Technologies, in its sole discretion, shall determine the prices it will charge for the Domain Backorder Service and the terms and conditions applicable to the same, and Afrisol Technologies may amend such pricing and/or terms and conditions in accordance with this Agreement. If you do not agree with any such change, you may terminate the Domain Backorder Service in accordance with this Addendum; otherwise, all such changes shall thereafter be effective, and you agree that Afrisol Technologies is authorized to charge your credit card or other approved payment method for any new fees.

You agree that when your backordered domain name is acquired, Afrisol Technologies will charge you the price of the one-year domain name registration at the then current rate.

Termination of Service

The Domain Backorder Service will be terminated and deleted once the domain is acquired and awarded. Multiple orders for the same domain name will be on a first come, first served basis.

No Guarantee

We do not guarantee the acquisition of any domain name and expressly reserve the right to refuse backorders or cancel existing backorders at any time and for any reason at our sole discretion. Should you successfully backorder any domain name, you will be subject to the terms and conditions of our Domain Registration Agreement and related agreements, which are incorporated herein by reference.

Third Party Functionality

You acknowledge and agree that the Services may involve access to Third Party Functionality (“Third Party Functionality”). You expressly agree that this Third Party Functionality shall be used by you in accordance with the terms of any relevant third party licenses. Your failure to abide by any third party license may result in the immediate termination of the Domain Backorder Service by Afrisol Technologies, Registrar or the third party provider. Afrisol Technologies does not control such Third Party Functionality and is therefore not liable for any issues of any kind relating to it. Afrisol Technologies reserves the right, at its sole discretion, to terminate, suspend, cancel or alter your access to Third Party Functionality at any time.

Cancellation

Customers may cancel their Domain Backorder Service at any time via the Customer/Reseller Control Panel. In the event that you cancel the Domain Backorder Service, the fees for the Domain Backorder Service are nonrefundable.

Domain Registration Agreement

This Domain Registration Agreement (“Registration Agreement”) is between you, the person or entity registering a domain or domains, and the Company (as defined below), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here. For all customers outside of Kenya, “Company”, ”we”, “us” or “our” shall refer to P.D.R Solutions (U.S.) LLC, and for all customers in Kenya, the same shall refer to Afrisol Technologies Limited (Kenya) Private Limited. By using the Company’s domain registration services (the “Services”), you agree to be bound by this Registration Agreement. Please read this agreement carefully.

We may modify, add, or delete portions of this Registration Agreement at any time. In such event, we will post a notice that we have made significant changes to this Registration Agreement on our website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective (i) 30 days after the notice for modification, addition or deletion has been posted or (ii) the first time you access or use the Services after such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.

You acknowledge and agree that the Company may modify this Registration Agreement with or without notice in order to comply with any terms and conditions set forth by Internet Corporation for Assigned Names and Numbers (“ICANN”) and/or the applicable registry administrators (“Registry Administrators”) for the top-level domains (“TLD”) or country code top-level domains (“ccTLD”).

Our Services

Your domain registration will be effective upon occurrence of all of the following:

• You accept all terms and conditions of this Registration Agreement and the Company’s Terms of Service;
• The Company accepts (in its sole discretion) your domain registration application;
• The Company receives payment of the registration, renewal and reinstatement fees, as applicable;
• The Company delivers the domain registration information you provide to the registry administrator for the applicable TLDs.

Limitation of Liability

You understand that the Company does not control all aspects of the domain registration process. The Company disclaims liability for any inaccuracies regarding registration information resulting from your input or that of the Registry Administrator. The Company will not be held liable for spelling errors/typos.

Multiple Domain Registrations

The Company reserves the right to refuse to register multiple domain registrations in accordance with ICANN policies.

Fees

As consideration for the domain registration service provided by the Company, you agree to pay all registration and other applicable fees prior to effectiveness of your desired domain registration. All fees are non-refundable, even if your domain registration is suspended, cancelled or transferred prior to end of your current registration term.

The Company reserves the right to modify fees with 30 days’ notice at its sole discretion.

Credit Card Chargebacks

In case of a chargeback for any payment, you agree that your domain registration shall be transferred to the Company, which reserves all rights regarding such domain. The Company may lock your account until payment of any administrative fees is received.

Credit Card Charge-backs for Non-Domain Registration Services

In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use. Any information maintained by the service may be deleted along with your account, and the remainder of your services being locked until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your services, subject to the Company’s receipt of the non-domain registration fee and any administrative and/or chargeback fees described above.

Required Domain Registration Information

Registration Information

As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Information”):

• The domain registrant’s name and postal address;
• The domain being requested;
• Administrative contact information, including name, postal address, email address, telephone number, and where available, fax number;
• Technical contact information, including name, postal address, email address, telephone number, and where available, fax number;
• Billing contact information, including name, postal address, email address, voice telephone number, and where available, fax number.

Additional Registration Information

In addition to the above, in accordance with ICANN policies, the Company is obligated to submit and keep current complete and accurate additional information relating to a domain registration, which may include the following (collectively, “Additional Registration Information”):

• The original creation date of the domain registration;
• The submission date and time of the registration;
• Communications constituting registration orders or modifications;
• Account records for your domain registration;
• The IP addresses of primary nameserver and any secondary nameservers;
• The corresponding names of those nameservers;
• The expiration date of the registration;
• Information regarding all other activity between you and us regarding your domain registration.

Use of Registration Information and Additional Registration Information

You agree and acknowledge that the Company will make available the Registration Information and the Additional Registration Information to ICANN; to other third-party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that the Company may or must make available to the public or to private entities, and the manner in which such information is made available.

Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arisen from such disclosure or use of your Registration Information and Additional Registration Information.

Information Updating and Accuracy Obligations

As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes. You may review, modify or update your Registration Information by accessing the Company’s domain manager service made available at our website.

In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement. Your failure to respond within ten (10) days to any inquiry by the Company concerning the accuracy of the Registration Information shall also constitute a material breach.

Information Requirements for Renewals

Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.

Ownership of Data

You agree and acknowledge that the Company owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database (“Domain Database”), including all information generated from such Domain Database. You further agree that the Company may use certain information for domain registrations for which we are the registrar.

Domain Privacy Service

If you purchased domain privacy services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by the Company as determined in its sole discretion (the “Private WHOIS Contact Information”).

Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.

The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. The Company may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.

Notwithstanding anything to the contrary, you agree that the Company may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize the Company to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion.

You specifically acknowledge that the Company is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first-class U.S. postal mail; however, the Company will NOT forward “junk” mail or other unsolicited communications.

Mail Handling

You agree that:

• (i) Postal mail may be forwarded via regular mail or scanned and emailed electronically;
• (ii) Emails will be forwarded to the email address listed in the Registration Information;
• (iii) Callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information.

You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by the Company.

Transfer of Domain

If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.

Renewal Responsibilities

Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search.

Company's Rights

The Company expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:

• To comply with applicable laws or government requests;
• To resolve any claims arising out of your use of the Domain Privacy service;
• In case of breach of this Agreement;
• To protect against financial loss or legal liability.

You agree and acknowledge that the Company owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database (“Domain Database”), including all information generated from such Domain Database. You further agree that the Company may use certain information for domain registrations for which we are the registrar.

Domain Parking

Upon registration, the domain will be automatically placed on name servers provided by the Company, and Internet users that type in the domain will be redirected to a “coming soon” page (collectively, “parking a domain” or a “parked domain”). There is no charge for parking a domain. You hereby consent to and authorize the Company’s placement of a “coming soon” page, and its associated contents, on your parked domain. You may change the name server configuration (or “un-park” the domain) after the registration is complete.

If you need to register name servers using the domains that you are currently registering, the names will initially be parked with the Company until you modify the name servers after the domain registration is complete, using your account manager.

In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an “expired” page (collectively, “parking a domain” or a “parked domain”). There is no charge for the parked domain. By not renewing the domain, the Company may place an “expired” page, and its associated contents, on the parked domain.

The “coming soon” and/or “expired” pages may contain advertisements and other materials selected by the Company in its sole discretion. This may include third-party websites, product offerings, and/or Internet search engines. The Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.

DNS Wildcard

In the event you utilize the Company’s DNS management services and fail to configure a wildcard DNS for your domain, the Company may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. The Company may point those subdomains to a web page that may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.

Registration Renewal

Renewal Obligations

You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. The Company shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.

You may be notified at the Company’s sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew.

Autorenewal

You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, the Company to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to the Company.

The Company must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, the Company will automatically renew, for a period of one (1) or two (2) years, any domain that is up for renewal and will charge the credit card or payment service account you have on file with the Company, at the Company’s then current rates.

Expired Domain Names

You agree that we may place our contact information in the WHOIS output for any expired domain name, as failure to renew results in immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED Transfer”).

New Customers through Domain Auction or Brokerage Partners

If you are registering a domain name that was registered with, and not yet deleted by, the Company at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as this registration is a result of an ED Transfer.

You will not be compensated for the inability to use the domain from the time it was expired until you are able to use it in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.

Domain Dispute Resolution Policy

You agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”) applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement.

Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold the Company harmless pursuant to the terms and conditions contained in the applicable Dispute Policy.

The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar.

Jurisdiction

For the adjudication of disputes concerning or arising from use of the second level domain (“SLD”) name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder’s domicile and (2) where registrar is located.

Uniform Rapid Suspension (URS)

In addition, you agree to the rules of ICANN’s Uniform Rapid Suspension (“URS”) and to submit to any proceedings commenced pursuant to the URS, if applicable.

Change of Registrant of Domains

Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).

Reasons for Denial of Change of Registrant

We are required to deny a change of registrant for any of the following reasons:

• The domain name registration agreement has expired;
• The change of registrant was not properly authorized by the Prior Registrant and the New Registrant;
• The domain name is subject to a domain name dispute proceeding, including UDRP, URS, or a court order.

Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant must confirm the change within 60 days of the request. Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another registrar for sixty (60) days following the change.

Designated Agent

You hereby explicitly authorize us to act as “Designated Agent” to approve a change of registrant on behalf of the Prior Registrant and the New Registrant.

Transfer of Registration to Another Registrant

The entity or person named as the “registrant” at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to any transfer of ownership, the Company reserves the right to enforce any amount published for the transfer.

You further agree that, as a condition of any such transfer, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by this Registration Agreement. Your domain will not be transferred until we receive such written assurances and actual payment of any transfer fee.

You acknowledge that if you attempt to transfer your domain registration without paying the Company for the transfer, or if the entity fails to agree in writing to be bound by all terms and conditions, any such transfer will be null and void.

Reversion Rights

When changing the name of registrant within the Company, you agree that at the Company’s discretion, the domain name may be changed back to the registrant listed immediately prior upon written request within five (5) days by that registrant or in case of suspected fraud.

When transferring a domain name into the Company as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by the registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by the Company in its sole discretion.

At the time of transfer into the Company, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. The Company may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.

Restrictions on Registrar Transfers

For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your:

• (1) initial domain registration or
• (2) completion of a domain transfer into the Company.

If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to the Company for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by the Company to effect the transfer.

Country-Code Top-Level Domains

For country-code top-level domains, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of initial registration or after expiration of the domain. Your request to transfer your domain may be denied pursuant to applicable Transfer Policy.

Change of Registrant of Domains

Pursuant to paragraph 3.7.7.3 of ICANN’s Registrar Accreditation Agreement (“RAA”), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name.

A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.

Representations and Warranties

In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have:

• (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Registration Agreement;
• (b) obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Registration Agreement.

You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.

Indemnification

Indemnification of the Company

You will indemnify, hold harmless, and defend the Company and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”) from any and all Claims.

“Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs)), which arises out of:

• (a) your breach of this Registration Agreement or any of the Company’s policies applicable to this domain registration or related services;
• (b) the operation of your domain;
• (c) any negligent act or omission by you;
• (d) any third-party claim related to the registration or use of the domain registered in your name.

The Company may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. The Company will provide you with reasonably prompt notice of any Claim.

Indemnification of ICANN and Registry Operators

You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses including reasonable attorneys’ fees arising out of or related to your domain registration and any disputes regarding same.

Some Registry Operators may not allow this indemnification provision to apply; in such cases this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.

Survival of Indemnification Obligations

These indemnification obligations shall survive the termination or expiration of this Registration Agreement.

Warranty Disclaimer; Limitation of Liability

Disclaimer of Warranty

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.

Limitation of Liability

YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING:

• (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME;
• (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU;
• (C) INTERRUPTION OF BUSINESS;
• (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS;
• (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
• (F) EVENTS BEYOND THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL;
• (G) THE PROCESSING OF YOUR DOMAIN APPLICATION;
• (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED;
• (I) APPLICATION OF THE DISPUTE POLICY.

THE COMPANY AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.

Term and Termination

Term

The term of this Registration Agreement commences on the day you accept this Registration Agreement and continues until the occurrence of any of the following:

• (a) your domain registration is cancelled;
• (b) your domain is transferred to a third party; or
• (c) your domain expires or is terminated (in accordance with Section 15.c, below).

Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.

Domain Suspension, Cancellation, or Transfer

You acknowledge and agree that your domain registration is subject to suspension, cancellation, or transfer (collectively referred to as “Cancellation”) for the following reasons:

• (a) to correct mistakes by the Company, another registrar, or a Registry Administrator in administering the domain name; or
• (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure.

It is your responsibility to verify if any domain is infringing anyone else’s rights prior to registration. If the domain name you have registered is found to be infringing on another person’s rights, as determined in the Company’s discretion, the Company has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund.

You also agree that the Company shall have the right in its sole discretion to suspend, cancel, transfer, or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after receiving a properly authenticated order from a court of competent jurisdiction requiring such actions.

Termination

The Company reserves the right to suspend, cancel, transfer, or modify your domain registration if:

• (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by the Company;
• (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws;
• (c) you use your domain in connection with unlawful activity; or
• (d) you otherwise violate this Registration Agreement as determined by the Company in its sole discretion.

WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.

Survival

The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15, and 16.

Agents and Licensing

You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy.

The name listed as registrant of the domain or the appropriate officer of a listed Organization (at the Company’s discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g., admin, billing).

Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information.

You accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.

Representations and Warranties

In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have:

• (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Registration Agreement;
• (b) obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Registration Agreement.

You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.

Terms and Conditions

Notices

You agree that any notices required to be given under this Registration Agreement by the Company to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

Relationship

The Company and you are independent contractors and nothing contained in this Registration Agreement places the Company and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party.

Waiver

No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy.

Severability

If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions shall remain in full force and effect.

Assignment

You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder without the prior written consent of the Company. Any attempted assignment in violation of this provision shall be null and void. The Company may assign its rights and obligations under this Registration Agreement without your consent.

Intellectual Property

Except for your Content, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files (collectively, “Company Content”), are proprietary property of the Company. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes other than as expressly permitted in this Registration Agreement.

You may not reverse engineer or attempt to derive source code from any Company Content. Any unauthorized use will automatically terminate your rights with respect to use of the services and Company Content granted herein.

Entire Agreement

This Registration Agreement constitutes the complete and exclusive agreement between you and the Company and supersedes all prior proposals and agreements regarding its subject matter.

Appendix 1: Additional Registry Requirements

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by all agreements and policies of the TLDs in which you register any domain.

To link to and review the registry policies for the TLD in which you wish to register a domain name, please click here.

Infringement Policy

Afrisol Technologies takes intellectual property rights very seriously and it is our policy to respond to clear notices of alleged copyright infringement. This Copyright Policy describes the information that should be present in these notices and is incorporated by reference into our Terms of Service. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to verify. Unless otherwise stated, defined terms in this Copyright Policy have the meanings provided in the Terms of Service.

Complaint Procedure

To file a notice of alleged infringement with us, a complainant must provide a written notice that includes the complainant’s full contact information and sets forth the items specified below:

• Name, address, phone number, email address (if available) and physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
• Identification of the copyrighted work(s);
• Identification of the infringing material you are asking us to remove or disable, and the Internet location of the infringing material;
• Any additional information required to be included in a copyright infringement complaint under applicable law;
• A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law;
• A statement that the information in the complaint is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; AND
• Your signature.

Submitting Your Complaint

Please submit your complaint in one of the following ways:

Email the signed notification to: privacy(AT)afrisoltech.co.ke

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM Afrisol Technologies, PLEASE SUBMIT A DUPLICATE COPY VIA MAIL. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY Afrisol Technologies AND ACTED ON IN A TIMELY MANNER.

Fees

Afrisol Technologies may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.

Available Information

Subject to receiving a valid request, Afrisol Technologies may provide data as follows:

Non-Content

We will produce non-content information such as basic subscriber information which may include:

• Name
• Email addresses
• Date and time of account creation
• Billing information
• IP Logs

Content

Afrisol Technologies will only produce Subscriber content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

Privacy Center

We are Afrisol Technologies, a leading provider of online tools and services designed to help small businesses succeed online.

Security and privacy are at the core of our business practices and product offerings; we care deeply about protecting the personal information of our customers and website visitors. Our goal is to be as transparent and forthright as possible about the data we collect, with whom we share this data, and how this data is used.

Data Collection

The data we collect includes: user information (name, email, physical address, company name, phone number, job candidate information, geographic location, payment information, etc.), digital information (IP address, browser information and history, device information, meta data, certain provided social media identifiers, etc.), and information from other sources (publicly available information, information you provide at seminars, information you consent to be provided to us by third parties, etc.).

Data Sharing

This information is shared with members of the Afrisol Technologies corporate family, business partners, third party service providers, authorized users within your organization, and legal or regulatory authorities as required. The purpose of this data sharing is wide-ranging, from providing services and content to account registration, payment processing, technical support, marketing, business communications, and more.

Contact Information

For any questions regarding this notice or any of our privacy practices, you are welcome to contact us anytime at privacy@Afrisol Technologies.com or
FF3, High View Plaza,
Kiambu Road P.O Box 28523, 00100
Nairobi, Kenya.

Marketplace Services Addendum

This addendum (the “Marketplace Services Addendum”) applies to you if you provide your customers with access to the Company’s marketplace (the “Marketplace”), which enables your customers to purchase third-party products and services (collectively, the “Marketplace Services”). This Marketplace Services Addendum is incorporated by reference into Afrisol Technologies’s Reseller Agreement. By using the Marketplace Services, you agree to the terms of this Marketplace Services Addendum and the Afrisol Technologies’s Reseller Agreement. Unless otherwise stated, defined terms in this Marketplace Services Addendum have the meanings provided in the Reseller Agreement. For the purposes of this Marketplace Services Addendum, “Company” shall refer to the Company and its affiliates. The Company may modify this Marketplace Services Addendum at any time without notice.

Service Licenses

Licenses for the Marketplace Services are provided to your customers by a third-party designer, developer, or other service provider (the “Marketplace Service Provider”). You acknowledge and agree that the Marketplace Service Provider is solely responsible for the content and any warranties it provides through the Marketplace. Any and all claims that you or your customers may have related to the Marketplace Services shall be directed to the Marketplace Service Provider.

Marketplace Terms of Service

In addition to this Marketplace Services Addendum, you shall cause your customers to enter into the [Marketplace Terms of Service] between you and your customers. You further covenant, represent and warrant that you and your customers shall comply with the [Marketplace Terms of Service] at all times.

Maintenance and Support

The Company is responsible for providing maintenance and support to Resellers for the Marketplace only, or as required under applicable law. Marketplace Service Providers are responsible for providing maintenance and support for the Marketplace Services themselves.

External Services

The Marketplace Services may enable access to Marketplace Service Providers’ and/or third-party services that are not offered through the Marketplace (collectively and individually, "External Services"). You agree, and you will cause your customers to agree, to use the External Services at your and their sole risk. The Company is not responsible for examining or evaluating the content, suitability or accuracy of any External Services, and shall not be liable for any such External Services.

To the extent you or your customers choose to use such External Services, you and your customers are solely responsible for compliance with any applicable laws and the terms and conditions of such External Services.

No Warranty; Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MARKETPLACE SERVICES AND THE MARKETPLACE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ANY SERVICES PERFORMED OR PROVIDED BY THE COMPANY, INCLUDING WITHOUT LIMITATION PROVIDING ACCESS TO THE MARKETPLACE, ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MARKETPLACE SERVICES AND THE MARKETPLACE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRIGEMENT OF THIRD-PARTY RIGHTS.

IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE MARKETPLACE SERVICES AND THE MARKETPLACE.

Afrisol Technologies App Terms of Service

If you are accessing Afrisol Technologies from a mobile device using the Afrisol Technologies mobile application (the "Application"), the following terms and conditions (the "Application Terms") apply to your usage of the Application. These Application Terms are an agreement between you (“you” or “your”) and P.D.R Solutions (U.S.) LLC unless you are a user in India. For all users in India, this is an agreement between you and Endurance International Group (India) Private Limited, an Indian corporation. For all customers outside of India, “Afrisol Technologies”, ”we”, “us” or “our” shall refer to P.D.R Solutions (U.S.) LLC, and for all customers in India, the same shall refer to Directi Web Technology Private Limited. In addition, you hereby agree to and affirm your agreement with the Afrisol Technologies Terms of Service. Your use of the Application confirms your agreement to these Application Terms and the Afrisol Technologies Terms of Service.

Grant of Right to Use

Afrisol Technologies grants you the right to use the Application only for your personal use. You must comply with all applicable laws when using the Application.

Intellectual Property Rights

Afrisol Technologies owns, or is the licensee to, all right, title, and interest in and to the Application, including all rights under patent, copyright, trademark, and all other proprietary rights, whether registered or unregistered. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter any Afrisol Technologies copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with the Application.

Exclusivity of Contractual Relationship

The Afrisol Technologies mobile app is available for install on Google Play Store and Apple App Store. You may install the Application only on your own personal mobile device.

In case of Android devices, the Application Terms are an agreement between you and Afrisol Technologies only. Google and/or Google Play are not parties to these Application Terms.

In case of Apple devices, the Application Terms are an agreement between you and Afrisol Technologies only. Apple App Store are not parties to these Application Terms.

Any issues pertaining to your use of the Application may only be addressed to Afrisol Technologies and not Google and/or Google Play or Apple App Store.

Additional Policies; Grievance Redressal Officer

By virtue of your acceptance of the Afrisol Technologies Terms of Service, you also hereby agree to abide by all policies and agreements contained and incorporated by reference therein, including but not limited to Afrisol Technologies’s Privacy Notice and Acceptable Use Policy. Please refer to the Acceptable Use Policy for more information on how to contact our Grievance Redressal Officer.

Export Control

The Application is subject to export control and economic sanctions laws administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Application to export or re-export software or technical data in violation of U.S. Trade Laws.

By using the Application, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities without a U.S. Government license.

The obligations under this section shall survive any termination or expiration of these Application Terms or your use of the Application.

Server Terms of Service Addendum

This server addendum (“Server Addendum”) also applies to you if you purchased VPS or dedicated server services and is incorporated by reference into the Afrisol Technologies Terms of Service. Unless otherwise stated, defined terms in this Server Addendum have the meanings provided in the Terms of Service. Afrisol Technologies may modify this Server Addendum at any time without notice.

Cancellations and Refunds

Customers may cancel their VPS services at any time via the Customer/Reseller Control Panel. For more information about our money-back guarantee and refund policy for VPS services, please refer to the Cancellations and Refunds section of our Terms of Service.

Prohibited Uses

In addition to any Prohibited Uses outlined in the Acceptable Use Policy, customers may not:

• Utilize the Services to run public IRCd’s or malicious bots.
• Utilize the Services to run any type of BitTorrent client or tracker that links to or downloads illegal content.
• Utilize the Services to run an Open/Public proxy, or use a proxy to access illegal/malicious content.
• Utilize the Services to use I/O intensive applications which adversely affect normal server operations.
• Utilize the Services in any manner which adversely affects normal server operations.

Certain Rights

Afrisol Technologies can take any action to enforce its rights under this Server Addendum or the Afrisol Technologies Terms of Service, which includes but is not limited to accessing our server by any means, and if required: (i) resetting our server passwords; and/or (ii) suspending User access to our server and/or deleting User access (and thereafter deleting such User’s data from our server).

Afrisol Technologies shall offer support to the User only if there is a failure with: (i) the hardware of our servers; (ii) the network infrastructure supporting our servers; (iii) the deployment of our servers; (iv) the installation of supported operating systems, if any; and (v) setting up reverse domain name systems for the internet protocol addresses (IPs) given by Afrisol Technologies.

Users are advised to and shall be solely responsible for: (i) handling the reputation of IPs and taking necessary steps to delist any blacklisted IPs; (ii) updating and patching the operating system and applications on our server provided to the User; (iii) making changes to our server that impact the display of information in the Customer/Reseller Control Panel.

Inodes

Generally, accounts may come with a default inode limit of 1,000,000 to better protect the file system; provided, however, that such limit may vary depending on the package or services you purchased.

cPanel Accounts

Our VPS and dedicated server packages include 100 cPanel accounts at no extra charge. However, if you exceed 100 cPanel accounts, you will be billed for each additional cPanel account at our then current rates.

Mail Policy

VPS accounts will be governed by our Acceptable Use Policy.

Backup and Data Loss

Afrisol Technologies does not provide any backups for the servers. Your use of our services is solely at your own risk. Afrisol Technologies is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Afrisol Technologies’s servers.

Marketplace Services Addendum

This addendum (the “Marketplace Services Addendum”) applies to you if you provide your customers with access to the Company’s marketplace (the “Marketplace”), which enables your customers to purchase third-party products and services (collectively, the “Marketplace Services”). This Marketplace Services Addendum is incorporated by reference into Afrisol Technologies’s Reseller Agreement. By using the Marketplace Services, you agree to the terms of this Marketplace Services Addendum and the Afrisol Technologies’s Reseller Agreement. Unless otherwise stated, defined terms in this Marketplace Services Addendum have the meanings provided in the Reseller Agreement. For the purposes of this Marketplace Services Addendum, “Company” shall refer to the Company and its affiliates. The Company may modify this Marketplace Services Addendum at any time without notice.

Service Licenses

Licenses for the Marketplace Services are provided to your customers by a third party designer, developer or other service provider (the “Marketplace Service Provider”). You acknowledge and agree that the Marketplace Service Provider is solely responsible for the content and any warranties it provides through the Marketplace. Any and all claims that you or your customers may have related to the Marketplace Services shall be directed to the Marketplace Service Provider.

Marketplace Terms of Service

In addition to this Marketplace Services Addendum, you shall cause your customers to enter into the [Marketplace Terms of Service] between you and your customers. You further covenant, represent and warrant that you and your customers shall comply with the [Marketplace Terms of Service] at all times.

Maintenance and Support

The Company is responsible for providing maintenance and support to Resellers for the Marketplace only, or as required under applicable law. Marketplace Service Providers are responsible for providing maintenance and support for the Marketplace Services themselves.

External Services

The Marketplace Services may enable access to Marketplace Service Providers’ and/or third-party services that are not offered through the Marketplace (collectively and individually, "External Services"). You agree, and you will cause your customers to agree, to use the External Services at your and their sole risk. The Company is not responsible for examining or evaluating the content, suitability or accuracy of any External Services, and shall not be liable for any such External Services.

To the extent you or your customers choose to use such External Services, you and your customers are solely responsible for compliance with any applicable laws and the terms and conditions of such External Services.

No Warranty; Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MARKETPLACE SERVICES AND THE MARKETPLACE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ANY SERVICES PERFORMED OR PROVIDED BY THE COMPANY, INCLUDING WITHOUT LIMITATION PROVIDING ACCESS TO THE MARKETPLACE, ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MARKETPLACE SERVICES AND THE MARKETPLACE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRIGEMENT OF THIRD-PARTY RIGHTS.

IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE MARKETPLACE SERVICES AND THE MARKETPLACE.

Unmetered Disclaimer

How much disk space and bandwidth will my plan include?

Disk space and bandwidth is "Unmetered," which means you are not charged according to the amount of disk space or bandwidth you use. However, that being said, we do require all customers to be fully compliant with our Terms of Service and its policies, which includes our Acceptable Use Policy (“TOS”), and to only utilize disk space and bandwidth in the normal operation of a personal or small business website.

For example, customers who are using 25% or more of system resources for longer than 90 seconds would be in violation of our TOS, which includes our Acceptable Use Policy and other policies. Please see our TOS or contact us with any questions.

What happens if I exceed usage?

If we have concerns about your account's bandwidth or disk space utilization, you will receive an email asking you to reduce usage. Again, it is very rare for a customer who is managing a personal or small business website to exceed our TOS, which includes our Acceptable Use Policy and other policies.