PLEASE READ THIS HOSTING & DOMAIN AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR HOSTING, SERVICES & DOMAIN RIGHTS AND REMEDIES.
1. Terms For Domain Registration and Documentation
i. Domain Registry
OneNet Servers domain services/products are subject to NAMESILO, our domain registry and an Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar. You agree that NAMESILO as an ICANN-accredited registrar, OneNet Servers is thereby bound by an agreement with ICANN. Therefore, We may modify this Agreement in order to comply with its agreement with ICANN, as well as any other terms and conditions set forth by:
(i) ICANN and/or
(ii) the registry applicable to the TLD or country code top-level domain (“ccTLD”).
You agree that OneNet Servers is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to OneNet Servers registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with the Registry Operators requirements for inclusion in the Whois database.
ii. Domain Registration
Depending on the TLD or ccTLD you desire to register, you are required to meet the eligibility, validation, or other authentication requirements as a condition for registering a domain name in the TLD. By submitting your registration, renewal or transfer application, you agree that:
(a) all data (including but not limited to your name, email, telephone number. residential/corporate address, and valid email address) provided to register or renew the domain name is complete and correct and the application is made for a good purpose
(b) You are eligible as deemed by the Registry Policies for the applicable TLD for the duration of the domain name registration
(c) You do not have rejected application for the domain name with another registrar using the same data and eligibility criteria
(d) You agree that successful application does not cover you from being challenged by others who claim to have a right or entitlement to the domain name
(e) You agree that the Registry or the registrar can cancel the registration of the domain name if any of the warranties required are found to be untrue, incomplete, incorrect or misleading.
(f) You agree to adhere to the requirements of and provide all documentation for the registration of any domain name. Failure to do so may result in deactivation, cancellation, suspension, transfer of the domain without liability to OneNet Servers.
iii. Domain Ownership
You agree that registration of a domain name does not create any proprietary right for you, the registrar, or any other person in the name used as a domain name or other entity involved in the domain name registration.
Registration of domain names does not serve as evidence or ownership of the domain name.
You agree not to transfer a registered domain name as means of property, asset, grant or loan.
You agree to comply with our Terms and Condition, Policy and not limited to our General Rules stated here or thereby advised by our agent in regards to settling a dispute of domain ownership.
iv. Indemnification of Registry/Registrar
You agree to indemnify, defend and hold harmless (within 15 days of demand) the OneNet Servers and our Registrar, our subcontractors, subsidiaries, affiliates, divisions, employees, accountants, attorneys, insurers, agents, predecessors, successors, and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses in connection with your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration.
By using this Site and our domain registration services, you agree to pay any and all prices and fees due for Services purchased or obtained on this Site at the time you order the Services.
We expressly reserve the right to change or modify Our Service prices and fees at any time and such changes or modifications shall be communicated via email and social media and effective immediately.
If you have purchased or obtained domain names for a period of months or years, changes or modifications in prices and fees shall be effective when the domain in question comes up for renewal.
OneNet Servers shall not activate any domain name unless it is satisfied that it has received a reasonable assurance of payment of its registration fee via any of Our Payment Methods. For this purpose, a charge to your credit/debit card or other payment mechanism providing a a similar level of assurance of payment shall be sufficient, provided that the obligation to pay becomes final and non-revocable by you upon activation of the registration.
Intention to defraud OneNet Servers by making a false claim on/of failed transactions shall lead to outright cancellation/termination or deletion of the account without refund (if any).
You agree to provide the required documentation for suspended/closed domains and do not hold us liable for the misspelling of a domain registered, mere dissatisfaction with a domain name registered, computer hardware and/or software failure (e.g., computer crash), including Internet connection.
vi. Domain Renewal
All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains.
Domain name renewals will be non-refundable. If for any reasonOneNet Servers is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.
At the conclusion of the registration period, failure by you or on your behalf to consent that the registration be renewed within the time specified in the first, second notice or reminders shall, in the absence of extenuating circumstances, result in expiration of the registration by the end of the renewal grace period (although OneNet Servers may choose to cancel the name earlier).
Extenuating circumstances are defined as UDRP action, valid court order, failure of OneNet Servers’ renewal process (which does not include your failure to respond), the domain name is used by a nameserver that provides DNS service to third-parties (additional time may be required to migrate the records managed by the nameserver), you are subject to bankruptcy proceedings, payment dispute (where you claim to have paid for a renewal or a discrepancy in the amount paid), billing dispute (where you dispute the amount on a bill), domain name subject to litigation in a court of competent jurisdiction, or other circumstance as approved specifically by ICANN.
Here are the reasons why your domain should not expire:
- An expired domain will show an advertisement page as the page content. This put off your previous or new visitors.
- If you eventually renew such domain names, it will take days for it to propagate.
- All services associated with the domain name will automatically not be available.
- This includes DNS, Website and Email accounts.
- Some domain extensions cannot be renewed once they expire.
- Some domain extensions have 29 to 30 days grace period to renew it at an additional fee from N1500 to N5000 depending on the domain name extension
- Some domain names can be renewed after the grace period, but it may cost as much as N40,000 or more depending on the domain extension while others are deleted after 30 days past the grace period.
vii. Restricted, Offensive & Premium Domains
Irrespective of the above, the Registry Operator shall reserve the right to maintain the following list of domains that SHALL NOT be available for registration or will be withdrawn if registered already
- Offensive Names: This list shall contain words as determined by the Registry Operator board to be offensive first to the Nigerian community and then to the global community. ALL requests for domains under this list would be rejected.
- Restricted Names: This shall be a list of domains that may give a wrong impression if used. This could pertain to the military, government or other related words. ALL applications for these domains would be rejected.
- Premium Names: These are domains with generic words ONLY but command a premium value. Brand names cannot also be registered by anyone but the licensed registrars with name rights (copyright/trademarks) to such names. Where brand names are registered such names can be retrieved and transferred to the lawful owner. Premium domains would, however, be made available to registrants through a competitive bidding and auction process. Premium names are limited to the names listed in Registry Operator’s list as ‘premium’.
viii. Domain Dispute Resolution
The following Disputes will be categorized as Domain Registration Disputes and Registrar Services Dispute
(a) Domain Dispute Resolution
You agree to be bound by ICANN’s UDRP on all domains subject to the UDRP and its related policies and NIRA’s Dispute Resolution Procedure/Policy for Nigerian CCTLDs
(b) Registrar Service Dispute
If you are dissatisfied with the resolution of a complaint treated in accordance with our Complaints Handling Process, if any dispute, claim, controversy or difference of any kind whatsoever arising out of or in connection with this AGREEMENT, or breach thereof (the “Dispute”), the parties shall attempt to settle such dispute in the first instance within thirty (30) days from the date upon which one party has given written notice of the Dispute to the other party, by discussions between or among the parties (“Discussion Period”). If the dispute cannot be settled within the discussion period, then the matter may be referred to arbitration to be conducted pursuant to the Nigerian Arbitration and Conciliation Act. Cap A18, Laws of the Federation of Nigeria, 2004.
2. Web Design & Managed/Unmanaged Service
OneNet Servers offers the following but not limited to managed/unmanaged services:
- Website Design
- eCommerce Design
- Virtual/Dedicated Server (Cloud, Blockchain or Bare metal)
- Other services with a one-time or reoccurring payment deemed fit for this service category.
The following terms are applicable for Virtual or Dedicated Cloud/Blockchain/Bare-metal Servers
If you operate any service within the managed/unmanaged service category especially VPS/C/B or DS/C/B we may install a limited number of applications (“Supported Applications”) on your server at your request. If you request the installation of a Supported Application, we will install and configure the Supported Application on our server as long as the server has available resources (e.g., storage, RAM, processing power) to support that particular application.
We will then provide the primary (administrator) username and the password to you, at which point you will take over the managed and additional configuration of that particular application.
We will not be responsible for the content, customization, or any other activities associated with the Supported Application, including any repair of the Supported Application should it stop working.
We shall limit the technical support of an inoperable Supported Application.
We do not offer server back-up and strongly recommend you use other platforms to backup important files or applications.
The backups offered with these support plans are snapshots taken on a 5-day cycle. Restores are available upon request.
The following terms are applicable for web design/eCommerce services
Projects in review for more than 3 weeks: no correspondence from the client will be taken as final and shall cost an additional fee to reinitiate.
Transfer of service from us: domain, hosting, website and or application with or without our knowledge away from us disassociates us from you, you from service agreement and it benefits including but not limited to:
- Maintenance of the website which herein shall discontinue immediate effect
- Review or addition of services or features to the website or application
- Monitoring and security update to the website or application
- third-party payments or recurring payment, other forms of payment incurrable
- Refund on Website design is not applicable after 7 days of project payment and initiation
- We shall not be liable for loss of data as a result of migration from us, hacking, phishing, failure to renew the domain and hosting plans, SSL plans or any other loss.
- We shall not be held liable for additional fee incurred in any way
- If at any point you may require our service, migration or maintenance we may charge a service fee.
- We shall not be held liable for data breach from a third-party application, host or services such as but not limited to Payment Gateway, Platforms (CMS or Application – such as WordPress), hacking, the cost incurred in customer refunds and chargebacks, COTs and any other cost applicable by law or negligence.
3. Terms for Web Hosting services
We offer a range of hosting services including but not limited to:
- WordPress Hosting
- Shared Hosting
- Email Hosting
- Page builder plans
- Cloud Hosting
- Reseller Hosting
i. Data Provision
(a) You shall provide to OneNet Servers accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including:
- Full name of the authorized person for contact purposes
- Postal address
- email address
- Voice telephone number
- Fax number if available
In the case of a Registered Name Holder that is an organization, association, or corporation; the data elements listed below shall apply:
- The names of the corporation for the Registered Name
- The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the corporation
ii. Hosting Migration
You agree that during the course of migration to our servers, we do not warranty the entire file, services (such as emails, backups, and apps) will be migrated to our server. It is important to note that we are not liable to losses incurred during domain migration or propagation or as a result of supplying the wrong information on or before migration. The use of dedicated IP from the migrating server to ours might result in a change of IP address you may not consistently maintain your given IP numbers and we shall not be held liable for losses incurred as a result of this.
You agree that we are not liable to termination or deletion of your data on or before migration is initiated by our agent. All migration should be initiated in good faith with the migrating platform and we shall not settle a dispute from You and Migration Platform before or during the migration.
iii. Termination of Service
You agree that upon expiration or termination of your Hosting Services, you must discontinue the use of the Hosting Services and relinquish use of all features including but not limited to IP address, DNS, Privacy assigned to you in connection with Hosting Services. Prior to the termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to termination, we will delete all such content and we will not be able to provide a copy of such content.
OneNet Servers may terminate your access to the Services, in whole or in part, without notice in the event that:
(i) You fail to pay any fees due;
(ii) You violate this Agreement;
(iii) Your conduct may harm OneNet Servers or others or cause OneNet Servers or others to incur liability, as determined by OneNet Servers in our sole discretion; or
(iv) As otherwise specified in this Agreement.
In such event, OneNet Servers shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Additionally, OneNet Servers may charge you for all fees due for the Services for the remaining portion of the then-current term as well as twice the cost of hosting should in case we keep a back-up of your account.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT INCLUDING BUT NOT LIMITED TO USER WEBSITES, FREE PRODUCT, COUPON/CREDIT, AND OTHER DATA WILL BE DELETED. See below for Deletion and Restoration Terms.
iv. Suspension, Cancellation & Deletion
You agree that in addition to other terms set in this Agreement your service shall be subject to suspension, cancellation, or deletion pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy. Your ability to use any of the services provided by OneNet Servers is also subject to cancellation or suspension in the event that there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by the Registry Operator.
(a) You agree that Your failure to comply completely with the terms and conditions of this Agreement and any OneNet Servers rule or policy may be considered by OneNet Servers to be a material breach of this Agreement and OneNet Servers may or may not provide you with notice of such breach either in writing or electronically (i.e. email) before service suspension.
(b) In the event, You do not provide OneNet Servers with material evidence that You have not breached Your obligations to OneNet Servers within six (6) hours, OneNet Servers may terminate its relationship with you and take any remedial action available to OneNet Servers under the applicable laws.
(c) Your willful provision of inaccurate or unreliable information, your willful failure to update information provided to OneNet Servers within seven (7) days of any change, or your failure to respond for over fifteen (15) days to inquiries by OneNet Servers concerning the accuracy of contact details associated with your registration shall constitute a material breach of your contract and be a basis for suspension and/or cancellation of the service.
An account may be suspended with or without notice for the following reasons:
(i) Failure to renew an expired account
(ii) Illegal Activity (account will be deleted 15 days after termination)
(iii) Violation of applicable law of the Federal Republic of Nigerian other jurisdictions that may apply.
An order/account may be canceled with or without notice for the following reasons:
(i) Failure to meet our fraud detection threshold
(ii) Failure to make a payment on over dues invoices after 15 – 30 days
(iii) Violation of applicable law of the Federal Republic of Nigerian other jurisdictions that may apply.
An Account may be deleted with or without notice for the following reasons:
(i) The account will be deleted 15 days after it has been terminated
(ii) Expressly if it breaches this Agreement or involved in activities that harm other users or violates the general good of the internet
(iii) Violation of applicable law of the Federal Republic of Nigerian other jurisdictions that may apply.
You shall indemnify and hold harmless OneNet Servers, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your account/services. Any liability of OneNet Servers under this Agreement is expressly limited to the price paid by you for the domains involved. Your sole remedy against OneNet Servers in any dispute concerning this Agreement shall be to seek recovery of that amount (if any or after third payment service fees or unredeemable service fees has been deducted), upon payment of which OneNet Servers shall be released from all further obligations and liability to you. You shall indemnify and hold harmless OneNet Servers against any and all claims, legal actions, losses, damages, liabilities, costs and expenses asserted against, imposed upon or incurred by OneNet Servers arising out of or relating to but not limited to:
(i) any misrepresentation or breach of warranty or covenant by you under this Agreement
(ii) your actual or alleged act or omission in the course of the registration of your domain name/account/services
(iii) any claim of infringement arising from the registration of domain name/account/services
vi. CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage.
- Shared hosting space may only be used for web files, active email, and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. OneNet Servers expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement.
- OneNet Servers may, in our sole discretion, suspend, terminate access to the Services, apply additional fees for cleaning up the account or remove or delete User Content for those accounts that are found to be in violation of OneNet Servers’ terms and conditions.
vii. Bandwidth Usage
- Shared servers are limited in their monthly bandwidth allowance. Once an account exceeds its bandwidth usage, the account will be suspended without notice. On payment for an upgrade, the account will be unsuspended however, without payment for the upgrade the account will remain unsuspended, to be unsuspended after it’s 30 days circle is reached.
- If an account is unsuspended, this term will continue to run from the date of suspension. For example, an account is suspended in March to expire in June, if the account is unsuspended in June, it would have expired and the account should be renewed for another term of one year.
THIS INDEMNITY IS ONENET SERVERS’ SOLE RIGHT AND YOUR SOLE REMEDY FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT.
4. Terms for a domain renewal and hosting restoration
- If you fail to renew your domain name in the timeframes indicated in this Agreement, you agree that OneNet Servers may, in its sole discretion, renew your expired domain name on your behalf.
- If We decide to renew your expired domain name on your behalf, you will have to reimburse Us for the renewal along with its grace period fee (if applicable) to keep your domain name.
- The Renewal Grace Period is currently 29 to 30 days but subjects to change under the terms of this Agreement.
- In the events of hosting or website restoration, You will get up to 4 renewal notifications.
- You agree to meet all full requirements or make a full payment for your renewal fee prior to your hosting or website suspension and termination which follows 7 days after suspension.
- You agree that failure to meet a restoration requirement or make full payment will lead to the deletion of your hosting/website after 15 days of termination.
- You agree that we should hold a back-up of your hosting/website for 90 days during which we can restore your file back. This period is called the Restoration period and we shall charge twice (2x) the initial amount it will cost to have renewed the hosting/website plus additional N2100.
- You agree that upon fulfillment of hosting/website restoration fee, your account starts counting 3 months backward. This implies that if you are one a 12-month billing cycle, you will have nine (9) months before another renewal period. An account with monthly or quarterly billing circle will be charged twice (2x) the initial amount it will cost to have renewed the hosting/website plus additional N2100 and one month or additional quarterly payment.
5. Force Majeure
OneNet Servers shall not be liable for any failure to perform due to causes beyond its control, including but not limited to fire, flood, earthquake, explosion, accident, acts of public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine, labor disputes, acts of God or government, any such event of force majeure affecting OneNet Servers’s third-party partners, or judicial action.
6. Spamming & Phishing
We take a zero-tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam.
Also, we take Phishing seriously and outrightly terminate and deleted a domain or account caught in this act.
We may suspend or terminate the account of any User who sends out spam with or without notice.
7. File Back-up
OneNet Servers is not responsible for the back-up of files residing on our servers. You are solely responsible for the independent back-up of data you store on our servers. However, we do hold a backup of all accounts for up to 7 days. You can opt to back-up your data for you at a fee to get an extended period of the back-up.
8. Reseller Terms and Client Responsibility
Resellers shall ensure that each of their clients complies with this Agreement. Resellers are responsible for supporting their clients. OneNet Servers does not provide support to clients of OneNet Servers’ resellers.
- If a reseller’s client contacts OneNet Servers, OneNet Servers reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client.
- All support requests must be made by the reseller on its client’s behalf for security purposes.
- Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients.
- OneNet Servers will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
- OneNet Servers is not responsible for the acts or omissions of our resellers.
- The reseller hereby agrees to indemnify OneNet Servers from and against any and all claims made by any User arising from the reseller’s acts or omissions.
- OneNet Servers 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 OneNet Servers.
- Resellers on the OneNet Servers Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
9. Support for Third-Party Services
OneNet Servers does not provide support for third-party hosting related services. Our staff may advise on third party installations. Our blog, knowledge base, and other resources will contain detailed information on setting up third-party software. OneNet Servers can, however, provide these services at a fee.
10. Compliance with the Law
You agree to use services offered by OneNet Server in a manner consistent with all applicable law. Accounts are subject to suspension with or without notice if investigated and found to be in contravention of the law, violation of trademark, copyright laws is abusive or used for illegal activity.
11. Limitation/Disclaimer of Liability
(i) OneNet Server does not represent or warrant that You will receive continual (100%) fail proof and uninterrupted service. In no event shall OneNet Server be liable for damages resulting from or related to any failure or delay of OneNet Servers to provide service under this Agreement if such delays or failures are due to causes beyond OneNet Servers’s control, as defined by standard practices in the industry, except those caused by OneNet Servers’ negligence such failure or delay shall not constitute a default under this Agreement.