Please kindly always check this page as we may change our Terms Of Service (TOS) without prior notification and it becomes effective upon posting on to this page on Fajiweb's website (www.fajiweb.com); and Agreeing to Fajiweb TOS is mandatory for using our services. We enert our policy the way it will suit our services rendered and the world wide web.
We enert our policy the way it will suit our services and the world wide web. This Terms of Service (the 'Agreement') is an agreement between Fajiweb Solutions ('Fajiweb' or 'us' or 'our' or 'we') and you ('User' or 'you' or 'your'). This Agreement sets forth the general terms and conditions of your use of the products and services made available to you by Fajiweb.com website. Thank you!
DOMAIN NAME PURCHASE:
Starting today September 8th, 2017 all domains that does not have hosting shall be added hosting. This policy is enacted to effect proper accountability of our service records, as we have stated previously that effective from November 1st, 2016; we shall no longer sell only domain name.
But however if you have paid for only domain renewal before today September 8th, 2017, you shall not be affected by this new policy, but if you have not made any payment, you shall be affected by this new policy.
EFFECTIVE FROM NOVEMBER 1ST, 2016; WE SHALL NO LONGER SELL ONLY DOMAIN NAME AGAIN. IF YOU WANT TO BUY ONLY DOMAIN NAME, YOU MUST BUY THE DOMAIN WITH A HOSTING PACKAGE AND A MINIMUM OF FAJI STARTER HOSTING PLAN WILL BE REQUIRED. PLEASE FAILURE TO COMPLY, WHAT EVER AMOUNT YOU HAVE PAID FOR THE DOMAIN WILL BE LOST AND NOT REFUNDED AND IF BY CHANCE WE HAVE ALREADY ACTIVATED THE DOMAIN, WE SHALL SUSPEND IT.
BUT IF YOU HAVE BOUGHT YOUR DOMAIN NAME FROM US BEFORE NOVEMBER 1ST, 2016, YOU DON'T HAVE ANY ISSUE WITH US AS WE WILL STILL CONTINUE TO PROVIDE YOU OUR DOMAIN SERVICE, AND IF YOU ARE OUR RE-SELLER, WE SHALL PROVIDE YOU ALSO WITH OUR DOMAIN SERVICE, OR WE WILL ENCOURAGE YOU TO APPLY FOR OUR RE-SELLER DOMAIN PLATFORM.
DOMAIN NAME AND HOSTING PURCHASE: Fraud Website
Due to the high rate of fraud website that people want to purchase from us because our web solutions are very cheap, we have now implemented partial fraud filter.
1. When you make a purchase, at the time of providing what you purchased, the system will check if what you are purchasing is going to be a fraud website, if it discover so; your purchase will not be completed and you will loss the money as we don't make a refund for such illegal website.
2. The system may sometime suggest solutions to best handle your situation manually, and perhaps such existed for you, we will notify you by mail or phone or when you contact us, and failure to comply to what the system has approved for your domain and hosting purchase, then we will not provide the services; non provide a refund for such illegal website.
Please kindly make sure that the website you want to put online is a genuine website and any attempt to act fast without contacting us will result in your money lost!
We provide online solutions to everybody in the world. Our business require consent before it is been executed. Since we can't offer a printed hard copy paper to our users and reseller; hence this legal document. If you use own services like domain registration, shared hosting, email hosting, reseller hosting, VPS and dedicated server; accepting to work with us means you have been bonded by this Legal Agreement (Terms of Service).
This Agreement explains our obligations to you, and your obligations to us in relation to each services we offer you from Fajiweb Solutions (www.fajiweb.com).
Agreeing to Fajiweb Acceptable Use Policy (AUP) and Terms of Service (TOS) is mandatory for using our services and please make sure you read everything carefully. If any of these is infringed, we reserve the right to suspend or terminate such violating websites with or without notice depending on the severity of the offence.
Kindly be informed that all web hosting company have similar Acceptable Use Policy (AUP) and Terms of Service (TOS). Any account that bridge the AUP and TOS agreement, they suspend or terminate such violating website(s) with or without notice depending on the severity of the offence.
This Web Hosting Agreement is between Fajiweb Solutions (www.fajiweb.com) and you (the person/persons) who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services; as this agreement henceforth stand as a signed document between we (Fajiweb) and you.
Fajiweb agrees to provide you with the service(s) stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over without upgrading or reducing the storage in their account, in other not to affect other clients using the server with that particular client in question; we do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month without refund.
Renewal notices are emailed few days before the actual renew date in your account. And since all accounts are set up on a pre-pay basis, if payment is not received within 3-7 days 10% late fee will or might be added by the system. Fajiweb reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension/termination. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notified Fajiweb to request for termination of services. Since we operate from USA/NIGERIA, our websites currency is USD and Naira. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length unless cancelled beforehand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle Fajiweb cannot refund any payments made before.
PLEASE NOTE THAT: At the time of renewal, if any or all of the service(s) used by You have increased due to one circumstances or the other that could not be control by Fajiweb, You are going to pay that current charges stipulated AND IF THERE IS ALSO decrease in price, You are also going to pay new price decrease as stipulated
All payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
CANCELLATION AND EARLY TERMINATION
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term. So if your wish to cancel or terminate your account, no refund is given; but however if you cancel your account before the 30 day money back guarantee pass due to several service failure from our part and you have also duly meet to our refund guidelines, when you apply for a refund, it shall be granted. Remember, refund is not granted for a terminated account
Any attempt to undermine or cause harm to our server or customer(s) of Fajiweb is strictly prohibited. If you abuse our server or customers by having security threat in your site due to non-updating of your softwares, plugins, theme, application, password etc; the hacked account will be forever suspended or terminated if we have given you notice or several notice before.
Fajiweb will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by You, whether or not the attacked account or computer belongs to Fajiweb, will result in action against You. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack may be applied.
IMPORTANT NOTE - Fajiweb has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined.
You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Fajiweb to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately with or without prior notice. You are responsible for and should evaluate Your web-based applications and scripts on a regular basis to ensure their security and orderliness and make sure they are always up-to-date.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
DISK SPACE ABUSE
Fajiweb will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space or need to upgrade your account, please contact one of our staff or our support department and they will be happy to help out.
The intention of Fajiweb is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If You violate this condition, You will be notified and given 48 hours to remedy the problem. Failure to do so will result in You being billed for the overages.
Traffic will go unmonitored until You reach the amount of quota allocated to Your specific PLAN. Fajiweb will be the sole arbiter as to what constitutes a violation of this provision.
You agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. You agree that Fajiweb hold the right to change their AUP at any time to meet web hosting standards and laws as may be stipulated to them by governing web server bodies. Amendments to the TOS and AUP are effective as soon as the amendment has been made on www.fajiweb.com. You agrees to cooperate with Fajiweb Security departments for reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Fajiweb and You in regarding the interpretation of the AUP, it shall be amicably resolved by both parties or at the court of law at the country Fajiweb decide.
Customer represents and warrants to Fajiweb that the information you have provided and will provide to us for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Fajiweb that he or she is at least 18 years of age. Fajiweb may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract and Contact.
UNSOLICITED EMAIL & SPAMMING
Please be aware that if you are using our servers Port 25 can only be enabled after 90 days of positive email history has been established.
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation without refund. Fajiweb takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, Your account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups and many more. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists so inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, You must not send that person any further messages.
NOTE - If You use the services of another provider to promote a website hosted by or through Fajiweb ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Fajiweb at the time of a service outage. And if mistakenly there is any service outage, we shall quickly fix it up within a jiffy.
(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS – Fajiweb endeavour to have the content of Your website available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from Fajiweb to its backbone providers (Our DataCenter). Downtime is measured past 30 minutes after notification of network failure via Fajiweb online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling Fajiweb NOC (Number Of Contacts).
Fajiweb administrators will determine the end of the downtime by a traceroute to Your machine from outside Fajiweb network.
(3a.) SHARED HOSTING CREDITS - In the event that Your website is unavailable for less than 100%, Fajiweb will credit the following month's service fee as follows if you are using a monthly shared hosting account. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- Downtime Severity- Your account will be credited 10% of your monthly hosting fee if the downtime severity have a negative impact on your site)
(3b.) Credit shall not be provided to You in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Fajiweb,
- Your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Fajiweb’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.
- You breaking any agreement policy in Fajiweb’s Terms & Conditions and AUP' causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
Fajiweb provides technical supports for You that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies that will neglect you; we do our best to help with scripts, templates and programing languages if possible. However, under no circumstances is Fajiweb obligated to help You in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by You previously.
Each shared web hosting account comes with its own CGI-BIN. You are free to use any CGI scripts You wish, however we reserve the rights to disable any CGI script that affects normal shared server operation with or without prior notice.
You agrees to indemnify and hold harmless Fajiweb, Fajiweb.com affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by You.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FAJIWEB AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH FAJIWEB'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM FAJIWEB SERVER.
DISCLAIMER OF WARRANTIES
Fajiweb does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Fajiweb disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
LIMITATION OF DAMAGES
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Fajiweb and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
SUSPENSION OF SERVICES/TERMINATION
You agrees that Fajiweb may suspend/terminate services to You with or without notice and without liability if: (i) Fajiweb reasonably believes that the services are being used in violation of the AUP; (ii) You fail to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Fajiweb reasonably believes that the suspension/termination of Your service/account is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Following a suspension/termination of service under this subsection/scenario, You shall pay Fajiweb reasonable reinstatement fee if service is still needed.
This Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Fajiweb fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Fajiweb prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Fajiweb.com describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account been hacked or compromised for inbound and outbound attack or is containing child pornography we hold the right to cancel services without any prior warning especially if notice has been passed to you earlier and you refused to apply the security measures or fail to follow up with what is written on the email/letter sent you. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month or first year for breaching copyright, we will not refund you this is to prevent people signing up for our services with the intention of breaching our policies.
REQUEST FOR CUSTOMER INFORMATION
Customer agrees that Fajiweb may, with or without notice to Customer, (i) Report to the appropriate authorities any conduct by You or any of Your customers or end users that Fajiweb believes violates applicable law, and (ii) provide any information that it has about You or any of Your customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
You agrees to maintain a current copy of all Your content(s) hosted by Fajiweb not with standing any agreement by Fajiweb to provide any back up services as it may be possible that your requested backup is not available and we may also charge for the backup if the backup request is beyond a two days backup.
REQUEST FOR RESTORE OF HOSTING PACKAGE
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a $10 one time fee will be enforced.
CHANGES TO FAJIWEB’S NETWORK
Upgrades and other changes in Fajiweb’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Fajiweb reserves the right to change its network in its commercially reasonable discretion, and Fajiweb shall not be liable for any resulting harm to Customer as a result of it.
Notices to Fajiweb under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section. To change Your mail notice email, simply login to Fajiweb.com clientarea and make the necessary changes of your choice.
Fajiweb shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Fajiweb’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
This Agreement shall be governed by the laws of the State, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. This Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended by Fajiweb with or without prior notice. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer this Agreement or their account(s) without Fajiweb's prior written consent. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on Fajiweb’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within Your account, the files will be subjected to deletion.
CANCELATION OF SERVICE
Fajiweb reserves the right to cancel a service at any time. If a cancellation is instituted by Fajiweb due to any violation of our policies; if refund is requested, it shall not be granted. But if you are not up to 30days with us and you cancel Your account due to the failure of Your account not always on line, when you request for refund, it will be immediately granted. Please kindly read our refund policy to know how to ask for refund. Click Here To Read Refund Policy and get yourself informed
PROMOTIONAL RATES & SPECIAL OFFERS
Fajiweb may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not affect Your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name promotion and many more. The balance cost of this domain name or hosting is usually covered by Fajiweb after first time payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Fajiweb services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, You must not use Fajiweb or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through Fajiweb network. If You use a domain name in connection with Fajiweb or similar service, You must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use Fajiweb network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for You, logging into a server or account You are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Fajiweb will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
You will be solely responsible for the development, operation and maintenance of Your online store and products along with all content and materials appearing online. If You developed Your store with CMS like WordPress, Presta Shop, X-Cart, Open Cart, Abante Cart etc; please ensure that they are always up-to-day, themes, plugins, software versions etc are should be well monitored and kept clean. If Your store is custom built, ensure that the security is well tightened to avoid loop holes, including:
(a.) The accuracy and appropriateness of content and materials appearing within the store or related to Your products.
(b.) Ensuring that the content and materials appearing within the store or related to Your products do not violate or infringe upon the rights of any third party, and
(c.) Ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information You may access as a result of conducting electronic commerce transactions through Your website. You will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
Using Fajiweb Server services, You expressly
(i) Grant Fajiweb a license to cache Your entire website, including content supplied by third parties, hosted by Fajiweb under this Agreement and
(ii) Agree that such caching is not an infringement of any of Your intellectual property rights or any third party's intellectual property rights.
IP ADDRESS OWNERSHIP
Fajiweb shall maintain and control ownership of all IP numbers and addresses that may be assigned to You by Fajiweb Solutions. Fajiweb.com reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses from Your account if need be.
DOMAIN NAME REGISTRATION
You agree to pay Fajiweb prior to the effectiveness of the desired domain name registration, the then-current amount set forth as our price schedule for the domain registration of the domain name and, should You choose to renew the registration or subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Your domain name registration is suspended, canceled or transferred prior to the end of Your then current registration term. Fajiweb reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Your registration in an email from Fajiweb to the email address indicated in Your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Fajiweb) in connection with the payments of the registration fee for Your domain name registration, You agrees and acknowledges that the domain name registration shall be transferred to Fajiweb as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Fajiweb will reinstate Your domain name registration solely at Fajiweb Solutions discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
TRANSFER DOMAIN REGISTRAR TO FAJIWEB
You agree to pay Fajiweb prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in Fajiweb price schedule for the initial transfer request of the domain name. You agree and acknowledge that if the domain name transfer fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain Name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Fajiweb reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name transfer will not be implemented unless and until we receive actual payment of the registration/transfer fee, and have confirmed Your registration in an email from Fajiweb to the email address indicated in Your profile during application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Fajiweb) in connection with the payments of the registration fee for Your domain name transfer, You agrees and acknowledges that the domain name registration shall be transferred to Fajiweb as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Fajiweb will reinstate Your domain name registration solely at her discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
TRANSFER DOMAIN AWAY FROM FAJIWEB
Fajiweb reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain Name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
Domain Name has been suspended for spam or other phishing or illegal activities.
You agree and acknowledge that the failure or success of a domain name transfer will be Your sole responsibility, and Fajiweb will not be held liable for the failure of a domain name transfer out from us for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Fajiweb reserves the right to refuse service to anyone based on their own findings or reason. You may only use Fajiweb server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)', 'Unlicensed MP3' and many more as deemed fit to be illegal by USA laws. The designation of any materials as such described above is left entirely to the discretion of My Company management.
If illegal content or usage is found, the account will be suspended and/or terminated. You agree that Fajiweb may disclose any and all Your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, You agree that for purposes of venue this contract is entered in United States Of America, and any dispute will be litigated or arbitrated in Nigeria (as our Nigeria office head) or America as deem appropriate by Fajiweb Solutions. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in country courts as stipulated by Fajiweb. IN NO EVENT SHALL Fajiweb’s MAXIMUM LIABILITY EXCEED ONE HUNDRED ($100.00) DOLLARS.