Aekpani Networks services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any federal, state or city law is prohibited. This includes, but is not limited to copyrighted material; material seemingly threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service that damages the subscriber or any other party.
Pornography, nudity and sex-related merchandising are prohibited on all services. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
In addition, any site selling or promoting bulk e-mail services or software is forbidden. Aekpani Networks does not tolerate spamming through it’s services, and will take all legal precautions against any such action, including termination of the customer’s service.
Pirated software, hacker programs, warez sites, sites with streaming media and MP3 sites are non-acceptable content, and will not be hosted on Aekpani Networks’ servers.
The policies and guidelines expressed herein supplement the rights and ob-ligations of the parties under the Service Agreement for hosting services. This document establishes operating principles and acceptable use policies as they relate to the Customer’s use of the services provided by Aekpani Networks to the Customer under the Service Contract Agreement.
- SERVICE DESCRIPTION
Aekpani Networks provides space on the server that is integrated into the Internet. After an account has been setup and any data has been uploaded to the site, Aekpani Networks retains judgement as to what refund if any is applicable in the event of a cancellation of service.
- SERVICE USAGE
Legal Parameters: This service may be utilized only for lawful purposes, and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, county or federal statute or regulation is prohibited. Client agrees to indemnify and hold harmless Aekpani Networks from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by client.
Unilateral Service Revocation: In the event that Aekpani Networks, at any time, believes that the service is being utilized by the client in contravention of the terms and provisions of this contract, Aekpani Networks may, at its sole discretion, immediately discontinue such service to client, without liability.
- NO WARRANTIES
With respect to the service to be provided hereunder, client acknowledges that Aekpani Networks makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, client agrees that Aekpani Networks shall not be liable to client or any of its customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Aekpani Networks. Client hereby agrees to indemnity and hold harmless Aekpani Networks from any and all claims of whatever nature brought by any of client’s customers against Aekpani Networks.
- USE OF INFORMATION
The utilization of any data or information received by client or its customers from the utilization of the service to be provided by Aekpani Networks is at client and its customer’s sole and absolute risk. Aekpani Networks specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be pro-vided hereby.
- DOMAIN NAME
If Aekpani Networks shall acquire an Internet Domain Name on behalf of the client, then in such case the client hereby waives any and all claims which it may have against Aekpani Networks for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by Aekpani Networks for any reason. Any costs of Aekpani Networks in obtaining or maintaining a domain name for client shall be immediately reimbursed to Aekpani Networks upon invoice from Aekpani Networks to client.
- SERVICE FEES AND INVOICING
Client shall pay the initial fees set forth below, prior to the commencement of service. Thereafter, client shall be invoiced on renewal in the terms of their contract. Payment of the service fee is due upon repeciit of invoice. In the event that client shall fail to pay for such services, Aekpani Networks will be entitled to unilaterally terminate this agreement and discontinue the service of client or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, Aekpani Networks may, at its sole discretion, re-institute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a $50 U.S. re-connect fee. Initial service and set-up fees are as follows: Additional fees, if applicable, will be billed at the end of each month, with payment due within ten (10) days thereafter: These fees are applicable for additional: disk space, data transfer, POP3/forwarding email accounts or mail list services.
- SCOPE OF AUTHORITY
Client has no authority, apparent or otherwise, to contract for, or on behalf of Aekpani Networks, or in any other way legally bind Aekpani Networks in any fashion, nor shall client be authorized to make any representations about Aekpani Networks or its services other than to reiterate to its clients Aekpani Networks’s responsibilities as outlined in this agreement.
- CHANGES IN TERMS OF AGREEMENT
Aekpani Networks reserves the right to make changes to the above terms and conditions of this agreement upon sixty (60) days written notice to cli-ent, advising of the change and the effective date thereof. Changes in monthly service fees shall become effective only at the end of any calendar quarter for which client has prepaid for the respective quarter. Utilization of the service by the client and/or its customers following the effective date of such change shall constitute acceptance by client of such change(s) in terms.
- ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
General
The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet. In order to facilitate their contractual relationship the Customer and Aekpani Networks wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet. To this end the parties agree as follows:
Principles Governing Acceptable use of the Internet by the Customer
Responsibility and Respect
The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities:
Knowledge of the Internet
The Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures.
Improper Uses
The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.
Compliance with Laws
The Customer will ensure that its use of the Aekpani Networks services complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
Validation of Information
The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.
Security
The Customer is required to protect the security of its account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties.
Discretion and Judgment
The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.
Pornography
Due to legal and social issues, we will not accept any new customers who publish pornographic images. If an existing customer publishes pornographic images, Aekpani Networks may issue a warning and/or suspend your account.
Excessive CPU usage
Customers will not be allowed to use excessive amounts of CPU processing on any of our servers or face immediate suspension. For example: 1) a few customers have tried re-selling our counters or auto-responders to the rest of the world that caused an excessive amount of requests on our server(s). 2) E-mail bombs. 3) Re-selling CGI access to other third parties.
Aekpani Networks is the sole arbiter as to what constitutes violation of its terms of service provision.