Terms Of Service
Terms & Conditions
A: REGISTRANT AGREEMENT
By ticking on the "I Agree" box on signing up to this Platform, you agree to adhere to all the terms and conditions contained herein which may change from time to time. You will be given adequate notice of the amendments to this Agreement.
"You" in this context refers to the Registered Name Holder of a Registered Name OneNet Servers refers to the Registrar
1.Terms For Domain Registration and Documentation
You agree to adhere to the requirements of and provide all documentation for the registration of any closed domain. Failure to do so may result in deactivation, cancellation, suspension, transfer of the domain without liability to OneNet Servers.
.b) Intention to defraud OneNet Servers by making a false claim of failed transactions. An excessive request for refunds after a refund has already been made to an account, this may result in future denials of refunds. Failure to provide the required documentation for closed domains, 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, of the OneNet Servers customer. OneNet Servers refuses to accept fault for customer hardware/software issues and will not honor refunds associated with these issues.
OneNet Servers shall not activate any Registered Name unless it is satisfied that it has received a reasonable assurance of payment of its registration fee. For this purpose, a charge to your credit card, general commercial terms extended to creditworthy customers, or other mechanism providing 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.
At the conclusion of the registration period, failure by you or on your behalf of to consent that the registration be renewed within the time specified in a second notice or reminder shall, in the absence of extenuating circumstances, result in cancellation of the registration by the end of the auto-renew 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 's 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.
We take your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.
5. Premiumm 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 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 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 though a competitive bidding and auction process. Premium names are limited to the names listed in Registry Operator’s list as ‘premium’. This list
6. 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:
· the full name,
· postal address, e-mail address,
· voice telephone number,
· fax number if available
· name of authorized person for contact purposes
· 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 primary nameserver and secondary nameserver(s) 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 Registered Name; and
· The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
b. 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 Registered Name registration.
c. Where you intend to license use of a domain name to a third party, you are nonetheless the Registered Name Holder of record and are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. Where you license the use of a Registered Name according to this provision, you shall accept liability for harm caused by wrongful use of the Registered Name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
d. OneNet Servers will take reasonable precautions to protect your Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.
e. You represent that, to the best of your knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
7. Dispute Resolution
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.
8. Governing Law; Jurisdiction
This Agreement and any controversy arising out of or in relation to it shall be governed by the laws of the Federal Republic of Nigeria you agree to submit to the jurisdiction of the State and Federal courts of the Nigeria which shall have exclusive jurisdiction over all controversies in connection. You hereby waive any right to assert any rights or defenses within any other jurisdiction or to require that litigation regarding this Agreement take place elsewhere. For the adjudication of disputes concerning or arising from use of the Registered Name "intellectual property infringements or violations." , you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) the Federal Republic of Nigeria.
You shall indemnify and hold harmless OneNet Servers, the Registry Operator and its directors, 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 domain name registration. 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, 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 (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; (iii) any claim of infringement arising from the registration of domain.
THIS INDEMNITY IS ONENET SERVERS'S SOLE LIABILITY AND YOUR SOLE REMEDY FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT.
10. Domain Registry
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.
11. Suspension, Cancellation, Transfer
You agree that, in addition to other events set forth in this Agreement your registration of the Registered Name."Intellectual property infringements or violations" shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name. 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 provide You with notice of such breach either in writing or electronically (i.e. email).
b) In the event You do not provide OneNet Servers with material evidence that You have not breached Your obligations to OneNet Servers within thirty (15) working days, OneNet Servers may terminate its relationship with You and take any remedial action available to OneNet Servers under the applicable laws.
12. 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.
If any provision of this Agreement shall be declared void, invalid, or illegal, the validity or legality of all other provisions of the Agreement shall not be affected thereby.
1. Change in Pricing
Prices are subject to review from time to time with or without notice. The prices take effect from the date posted on our website.
2. Late Payment
Full payment must be made prior to the expiry of your hosting service. If renewal for the service is made post expiry the service will still count from the date of expiry and not the date of renewal. If the account is not renewed up to 30 days post expiry, the account will be deleted.
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. We may terminate the account of any User who sends out spam with or without notice.
4. CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage.
(i) 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.
(ii) 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's terms and conditions.
5. Bandwidth Usage
(i) 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 upgrade, the account will be unsuspended however, without payment for the upgrade the account will remain unsuspended, to be deleted 30 days after suspension.
(ii) If an account is unsuspended, the 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.
6. File Back-up
OneNet Servers is not responsible for back-up of files residing on our servers. You are solely responsible for independent back-up of data you store on our servers. However we do hold a backup of all accounts for 3 days. You can opt to back-up your data for you at a fee to get extended period of back-up.
7. 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's 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.
8. 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.
(i) 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.
(ii) 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 in the OneNet Servers Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
9. Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
10. Support for Third Party services
OneNet Servers does not provide support for third party hosting related services, 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.
11. Suspension of accounts
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 30 days after suspension)
(iii) Violation of applicable law - Nigerian other jurisdictions that may apply.
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.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
13. 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.
14. 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's negligence such failure or delay shall not constitute a default under this Agreement.
You agree to defend, indemnify and hold OneNet Servers harmless from and against any and all claims, losses, liabilities related to or arising out of the services provided by OneNet Servers under this Agreement, including without limitation, claims made by third parties, liability claims for content uploaded by you, claims due to disruption or malfunction of services provided hereunder.
FEES REFUND POLICY
1. OneNet Servers wants to ensure your satisfaction with your account. If, for any reason, you are not satisfied, please contact us at support@ onenetservers.net Provide us with a brief explanation of the nature of your dissatisfaction and we will move quickly to process your refund. The following reasons warrant a 100% refund:
· The listed purchase price of the content and the actual amount OneNet Servers debited varies. Reasons that your account/e-wallet will not be refunded:
· Intention to defraud OneNet Server by making a false claim of failed transactions. An excessive request for refunds after a refund has already been made to an account. This may result in future denials of refunds. Computer hardware and/or software failure (e.g., computer crash), including Internet connection, of the OneNet Servers customer. OneNet Servers refuses to accept fault for customer hardware/software issues and will not honor refunds associated with these issues.
· A refund for funds in e-wallet unused for transactions for more than 6 months.
2. You also acknowledge and agree that where refunds are issued to your Payment Method, OneNet Servers’s issuance of a refund is only confirmation that OneNet Servers has submitted your refund to the Payment Method charged at the time of the original sale, and that OneNet Servers has absolutely no control over when the refund will be applied towards your Payment Methods available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
3. In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then OneNet Servers, in its sole and absolute discretion, reserves the right to issue the refund either in the form of an in-store credit; or via refund to your originating account, through a reversal of the transaction.
4. OneNet Servers also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of either in-store credits or a reversal are solely within OneNet Servers’s discretion and are not available at customer request.
5. Refunds for unused funds will be made after taxes have been deducted.