Web Hosting Agreement

This Hosting Agreement (the “Agreement”) is made between GO54 Nigeria Limited (“GO54” or “Company”), a limited liability GO54 and any client who orders GO54 Services (“You” or “Your”) Each of GO54 and Client referred to as a “Party” and collectively as “Parties” under this Agreement.

The Agreement applies to the client’s use of the Services and is governed by these Hosting Terms of Service which include our General Terms of Service, and the terms of your Order which may have additional Product Terms and Conditions that apply to the particular services in your Order set forth on GO54's website, as the same may be modified by GO54 from time to time and all of GO54’s policies, all herein incorporated by reference and shall be deemed a single agreement (collectively the "Agreement"). GO54 may modify the Agreement and any other applicable Product Terms from time to time in its sole discretion, which modifications will be effective upon posting to GO54's website. Your use of the Services includes the ability to enter into agreements and make purchases electronically.

You acknowledge that your electronic approval constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. GO54 may accept or reject any Order you submit in its sole discretion. GO54’s provisioning of the Services described in an Order shall be GO54’s acceptance of the Order. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. You acknowledge and agree you will use this Service for the purpose of reselling web hosting.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE COMPANY’S PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND SERVICE OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.

In addition, when You use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Company, whether or not the transactions were in Your behalf, You signify your agreement to the terms and conditions contained in this Agreement.

Definitions

Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified below:

“Client Data” means all data (including software, text, sound files and Personal Data) and other content that are stored by you or your end-user(s) on the Hosted System or otherwise processed by you or your end-user(s) through your use of the Services.

“Order” means (i) the online order that you submit or accept for the Services, (ii) any other written order (either in electronic or paper form) provided to you by GO54 for signature that describes the type or types of services you are purchasing, and that is signed by you, either manually or electronically, and (iii) your use or provisioning of the Services through the GO54 cloud control panel or through an API.

“Personal Data” means any information that is referred to as personal identifiable information, personal data or personal information (or other like term) under applicable data protection or privacy law. It includes information that by itself or combined with other information can be used to identify a person.

“Product Terms and Conditions” means the terms and conditions that are incorporated by reference in your Agreement and that state additional terms and conditions for the particular Services you are buying.

“Support” means (i) GO54 employees with training and experience relative to the Services will be available ‘live’ by chat and emails twenty-four (24) hours per day, seven (7) days per week, all year round, and (ii) any additional level of assistance offered by GO54 for the specific Services you are purchasing, and described in the applicable Product Terms and Conditions or Order.

“Claims” means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-End User basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.

“Confidential Information” means all non-public technical information and business information, programming, software code, trade secrets, marketing strategies, software, documentation, Reseller data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that:

  • is or becomes a part of the public domain through no act or omission of the Receiving Party;
  • was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party;
  • is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or
  • is independently developed by the Receiving Party, provided that the foregoing shall not be deemed to permit use or disclosure of information in breach of applicable law.

Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by it or its employees, mandataries or agents in violation of the terms of this Agreement or applicable law.

“Intellectual Property Rights” means all rights protectable by copyright, trademark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.

GO54 Responsibilities

GO54 shall provide to you the Services and Support subject to the terms and conditions of Agreement but this is dependent on your complete payment for the order before it is provisioned and then GO54 will comply with all laws applicable to its provision of the Services.

Client Responsibilities

Client shall comply with applicable law and the terms and conditions of the Agreement

Client shall pay GO54 the amounts set out for each order for Services attributed to client. client shall bear all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated or imposed on it as a result of the existence or operation of the Agreement, including any income, sales, or use tax on profits which may be levied against it.

Client will conduct himself/herself in a professional manner and will keep up a reputation to deal fairly with its own clients or end-users. Clients will not make any statement or take any action that could reasonably be expected to reflect poorly on the Company or on the reputation of Company or its products and services.

Client will cause its personnel who are responsible for Client's activities under the Agreement to remain well-informed concerning company's products and services. Among other things, clients will cause such personnel to review the company's web site occasionally to ensure that such personnel are reasonably familiar with the company's product offerings, pricing, promotions and service terms and conditions.

Client shall ensure that its Client account information as it appears in the online client account is true, accurate, current and complete

Client assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Client Web site and any goods or services described therein, as well as any rules, terms or conditions of use.

End User Data

Client and GO54 shall be responsible for, and shall follow good industry practices for safeguarding, maintaining confidentiality of data of End Users and shall comply with all applicable data protection and privacy laws with respect to any data of End Users. Although Client and GO54 may have access to data of End Users using the Products/ Services, the parties shall do so only to the extent necessary to carry out their respective responsibilities under this Agreement for no other purpose. Nothing in this Agreement permits either parties or both Parties to disclose or distribute any data of End Users obtained through activities under this Agreement. For greater clarity GO54 shall not use any data provided by End Users or Clients about End Users for direct or indirect solicitation, marketing, sales or other promotions for itself, any affiliates or any third parties. Data provided by Client to GO54 or entered into GO54 systems shall be Confidential Information of Client. This does not prevent GO54 from soliciting through its normal practices End Users.

Description of service

Web hosting refers to an online space where you can upload your website, manage your emails, create your database and a lot more. Web hosting works with a domain name to publish your project online.

Content

All services provided by GO54 may only be used for lawful purposes. The laws of Nigeria apply. The customer agrees to indemnify and hold harmless GO54 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 abuse@go54.com with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted. Please refrain from creating duplicate backups. You can make us of our Jetpack or Codeguard product to backup your website

Examples of unacceptable material on all Hosting accounts:

  • Topsites
  • RC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content for which you dont hold usage or distribution rights
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) and activities of any kind.
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • File upload, sharing, archive, backup, mirroring or distribution services
  • Website primarily created to distribute large documents, images, videos or drive traffic to other sites.
  • Heavy websites that may over-utilize bandwidth or resources (RAM, CPU, etc)
  • Torrent software
  • Network Daemons
  • Abusive scripts, processes
  • Adult Thumbnail Galleries / Banner Exchanges

GO54 services, including all related equipment, networks and network devices are provided only for authorized customer use. GO54 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, survival, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of GO54 system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. GO54 may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

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.

Any violation as stated above may result in the suspension or termination of your services with or without notice. All abuse issues must be dealt with via ticket/email and will have a response within 48 hours.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resource Usage

User may not:

Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

Run cron entries with intervals of less than 15 minutes.

Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include("include.php")

To help reduce usage, do not force html to handle server-side code (like php and shtml).

Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

INODES:

The inodes usage differs from each shared hosting plans and reseller packages. The use of more than 75% inodes on any shared or reseller hosting account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds the 75% inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: â€":fail: No such user here"

Bandwidth Usage

You are allocated a monthly bandwidth allowance. Should your account pass the allocated amount, we reserve the right to

suspend the account until the start of the next allocation,

suspend the account until more bandwidth is purchased at an additional fee,

suspend the account until you upgrade to a higher level of package,

terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Backups and Data Loss

Your use of this service is at your sole risk. GO54 is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on GO54 servers. Please refer to our backup policy

Secure Shell Access (SSH)

You can activate SSH access in your account settings or by reaching out to our Support at support@go54.com. Upon agreeing to the terms, you'll receive provisional Jail access to the system. Any misuse of the system will lead to access revocation. Any attempt to circumvent this policy using PHP or other methods will result in immediate account termination.

Refunds

Our Products and Services for refunds are described here (“Refund Policy”).

Termination

GO54 may suspend, terminate or limit your access to the Service, in whole or in part, with or without notice in the event that:

  • You fail to pay any fees due;
  • You violate this Agreement or any of the Terms of service;
  • Your conduct may harm GO54 or others (a material breach or security breach) or cause GO54 or others to incur liability as determined by GO54 in our sole discretion; or
  • You fail to take such actions within a reasonable time, after GO54 has provided you with notice of reasonable remedies and actions to take to remove the breach and reinstate the Service
  • As otherwise specified in this Agreement. In such event, GO54 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, GO54 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.

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