The use of services and products from SSAIIBBA constitutes agreement to these terms. Account Setup / Email on file We will setup your account immediately after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with SSAIIBBA, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. If you need to verify or change this information, you should contact our support team via email. Providing false contact information of any kind may result in the termination of your account. Ownership The e-mail address which is utilized for creating an account is designated as the authorized owner /account holder of the account. Thus all communication is channeled to this email and it is only through this email that we can receive instructions to make changes on the account. Transfers We will make every effort to help you move your site. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. Third Party Providers All transactions with third party providers are solely between the visitor and the individual provider. SSAIIBBA is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by us are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party. All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing. We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Content All services provided by SSAIIBBA may only be used for lawful purposes. The laws of Kenya shall apply. The customer agrees to indemnify and hold harmless SSAIIBBA from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email us with the information required following the rules stipulated below to expedite our ability to process your request, please include the following; Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed. Identify the material that you claim is infringing the copyrighted work listed in item 1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item. Provide information reasonably sufficient to permit us to contact you. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.” Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Sign the paper. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Ssaiibba, including all related equipment, networks and network devices are provided only for authorized customer use. systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of our system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our Support department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at us and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. Users are solely responsible for any applicable compliance with state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. we does not control or monitor the information or data you store on, or transmit through, our services. Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (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. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Payment Information You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account for services. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through email requests to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of cloud solution, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify us of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by SSAIIBBA. SSAIIBBA reserves the right to use any credit on your account if we deem it fit. Once this is done, we will send an email to notify you. SSAIIBBA provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in an account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received. Invoices that have been paid more than once can only be added as credit towards the account and cannot be refunded. If you require assistance with this provision please send an email to us SSAIIBBA reserves the right to change the annual payment amount and any other charges at anytime. Backups and Data Loss Your use of this service is at your sole risk. Cancellations and Refunds we reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in KSHS and will reflect the exchange rate in effect on the date of the refund if the refund is international. All refunds are subject to this fluctuation and we is not responsible for any change in exchange rates between time of payment and time of refund. Customers may cancel at any time via an email to us The following methods of payments are non-refundable, and refunds will be posted as credit to the account: Bank Wire Transfers Paypal Cheques Violations of the Terms of Service will waive the refund policy. Price Change We reserve the right to change prices , and the right to change the amount of resources given to plans at any time. 14.)Coupons/Promotions Discounts and coupon codes are issued with Specific terms and conditions of the offer. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price. 15a.)Indemnification Customer agrees that it shall defend, indemnify, save and hold SSAIIBBA harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SSAIIBBA , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SSAIIBBA against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SSAIIBBA ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from SSAIIBBA ‘s server. 15b.) Arbitration By using any of SSAIIBBA services, you agree to submit to binding arbitration. If any disputes or claims arise against SSAIIBBA or its subsidiaries, such disputes will be handled by an arbitrator of SSAIIBBA’s choice. Arbitrators shall be an attorney and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Laws of Kenya will govern all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. 16.) Disclaimer SSAIIBBA shall not be responsible for any damages your business may suffer. SSAIIBBA makes no warranties of any kind, expressed or implied for services we provide. SSAIIBBA disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SSAIIBBA and its employees. 17.) Disclosure to law enforcement SSAIIBBA may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. 18.) Changes to the TOS SSAIIBBA reserves the right to revise its policies at any time without notice.