Terms of Service and Acceptable Usage Policy

All Terms and Conditions of this TOS (Terms of Service) and AUP (Acceptable Use Policy) may be modified at our sole discretion without prior warning. A change to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates.

1. Client agrees that by placing an order with Nairahost either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Nairahost, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.


2. Nairahost will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.


3. In connection with any Nairahost Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Nairahost any additional fees as specified in the Service Description.

1. Terms of Service Agreement
   1. Payment
      

      Establishment of this service is contingent upon receipt of payment from Customer to Nairahost.

      Subsequent payments are due on the anniversary date of the month for that month's service, unless customer requests all yearly payments to be consolidated to one specific billing date.

      Any additional services relative to a primary hosting account, will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

   2. Account Cancellation
      

      All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to sales[@]nairahost.com Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 2PM to 10.00PM Monday - Friday or 7.30AM to 11.00PM weekends.

      Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Nairahost terminates the Agreement for Customer's breach of the Agreement in accordance with Acceptable use policy, or Customer terminates the service other than in accordance with Cancellation allowed period, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

      Customer also acknowledges that a minimum of 30 days cancellation notice or downgrade of current package prior to the following renewal term must be given in writing to Nairahost or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:

   3. Non Hosting Products Refunds and Disputes
      

      All payments to Nairahost for non hosting products are non-refundable. This includes any setup fees and monthly fees regardless of usage.

      All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback's, in Nairahost's discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

   4. Delinquent Accounts
      

      Nairahost may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

   5. Loss of Data

      Nairahost does not provide backup solutions, as the available solutions have been deemed unfavorable by our system administrators. Therefore, we recommend you backup your data daily to a local hard drive or you subscribe for the auto-backup feature. Because of the previous statement, Nairahost is not responsible for the loss of your data

      Nairahost does not offer redundant or mirrored backups. Nairahost will run courtesy backups at our discretion. Any backups that Nairahost runs are in addition to our Terms of Service and are not guaranteed. Customers are encouraged to run periodic backups through the provided Panel.

      Nairahost recommends that you store such backups off site on your local sysetm.

2. Acceptable Usage Policy

   Use of Nairahost Service constitutes acceptance and agreement to Nairahost's AUP.

   Nairahost reserves the right to revise, amend, or modify this AUP, and other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of Nairahost's Web services, and their clients, must comply with this AUP

   1. Illegal Activities

      Nairahost's services may not be used for illegal purposes, or in support of illegal activities. Nairahost reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

   2. Fraudulent Presence

      Nairahost's services may not be used for hosting websites pretending to be a bank or a lottery company. Any site seen or reported to have such a content, would be terminated automatically. Please also note that, no refunds would be given whatsoever.

   3. Media

      Nairahost would like to believe that all media posted is legal, and does not infringe copyright. This is the good-will law. However, to protect ourselves, we understand that not all people mean good. Therefore, we do not allow media to be posted on the server. If you want to link to media, there is no problem with that.

   4. Adult Content

      Legal adult content is allowed on Nairahost. Content deemed in violation will be addressed appropriately.

   5. Harm or Endangerment to other people

      You may not use Nairahosts service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use Nairahost's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

   6. Forgery or impersonation

      Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

   7. Unsolicited E-mail, News Bombing (SPAM)

      Use of the Nairahost service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Nairahost account. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network.

      The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer.

      Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Nairahost account.

   8. Copyright or trademark infringement

      Use of the Nairahost service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

      Use of the Nairahost service to collect, or attempt to collect, personal information about third parties without their knowledge or consent, Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Reporting Violations of Nairahost Acceptable Usage Policy (AUP)

Nairahost requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse department at abuse[at]nairahost.com if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.