Representations and Warranties

Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;

• You are over the age of 18 years.
• You are of sound mind and have the capacity to enter into a legally binding contract and these Terms.
• all personal information that you provide about yourself is accurate and true to the best of your knowledge;
• You hold a bank account with a licensed financial institution in your own name and will use this account to transfer money to our account when you conduct transactions on the Site.
• if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorised to do so and we may request evidence of such legal authorisation (by way of a copy of any document which shows the valid and subsisting authorisation); and
• you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting;
• You have a business name, a national ID card, a license, or any legal mode of identification.
• You are the owner of, and responsible for, all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.

Domain Name Registration Agreement

This Registration Agreement (“Agreement”) is between you, the individual or organization registering one or more domains, and webmessage (referred to as “the Company”, “us” below), which acts as the sponsoring registrar or reseller for the sponsoring registrar identified in the WHOIS record accessible here. By using the Company’s domain registration services (referred to as “Services”), you acknowledge and agree to abide by this Registration Agreement. We strongly advise you to carefully read and understand this agreement.

Transfers from Other Providers

Upon your request, our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not 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. Whilst we will endeavour to assist with the transfer, in some cases, we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your signup date. Transfers outside of the 30-day free period will incur a charge; please contact us at support@webmessage.ng with specific details to receive a price quote.

Transfers of Registered Accounts and Websites

In order to access the account of any of our registered clients or have the account transferred to you or another registrar, we will require you to establish your relationship with our registered client. When you have established your relationship with our registered client, we will notify the registered client of your request. Upon receiving the written consent of the registered client to transfer the account to you and upon receiving a signed indemnity letter from you, we will transfer the website to you or your preferred registrar.

If you claim that your website was developed by any of our registered clients, we will require the registered client’s written consent to transfer the website either to you or another registrar.

Where you claim that the registered client is dead, we will require you to provide us with the registered client’s death certificate. Upon providing us with the death certificate, you will need to sign a letter of undertaking and indemnity and depose to an affidavit stating that you are assuming responsibility for the account and would indemnify webmessage from all liability.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other laws of the Federal Republic of Nigeria. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

User shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

If you choose to provide technical, business or other feedback to the Company concerning the Site or the Services (collectively, “Feedback”), the Company will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by the Company of Feedback into any of its products or services does not grant you any proprietary rights therein.

Prohibited Activities

Users shall not utilize the Site or the Services in connection with any transaction that is illegal or involves any illegal items or is for any illegal purpose.

webmessage, in its sole discretion, may refuse to complete any transaction that webmessage has reason to believe is unauthorized or may violate any law, rule, or regulation.

In addition, if any transaction cannot be completed for any reason, including cancellation by webmessage for any reason, webmessage will notify each User in such transaction by e-mail, to the e-mail address each has provided on the Site.

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Site, you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms;
• Use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership, or otherwise misleads others as to your affiliation with webmessage;
• copy, store, or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with webmessage Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
• Use the Site in connection with the distribution of unsolicited commercial messages (“spam”);
• Use the Site with the intention to circumvent any Service Fees or for any other reason;
• request, accept, or make any payment for Property outside of the Site. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold webmessage harmless from any liability for such payment;
• discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;
• use, display, mirror, or frame the webmessage platform or Collective Content, or any individual element within the webmessage platform, webmessage name, any webmessage trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in webmessage, without Hostafrica Nigeria Limited’s express written consent;
• dilute, tarnish or otherwise harm the webmessage brand in any way, including through unauthorized use of Collective Content, registering and/or using webmessage or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to webmessage domains, trademarks, taglines, promotional campaigns or Collective Content;
• Use any robots, spiders, crawlers, scrapers, or other automated means or processes to access, collect data, or other content from or otherwise interact with the webmessage platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by webmessage or any of its providers or any other third party to protect webmessage platforms;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the webemessage platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the webmessage;
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that webmessage has no obligation to monitor the access to or use of the Site by any User or to review, disable access to, or edit any User Content, but has the right to do so too (i) operate, secure and improve the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable, or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist webmessage in good faith and to provide webmessage with such information and take such actions as may be reasonably requested by webmessage with respect to any investigation undertaken by webmessage or a representative of webmessage regarding the use or abuse of the webmessage platform.

If you feel that any User you interact with, whether online or in-person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to webmessage by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

The 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 support@webmessage.ngwith 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.

webmessage services, including all related equipment, networks, and network devices, are provided only for authorized customer use. webmessage 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 webmessage 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. webmessage may, at its discretion, request and require documentation to prove that 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 link to child pornography will be suspended immediately without notice.

Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

It is your responsibility to ensure that scripts/programs installed under your account are secure and the permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero-tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

You agree to supply appropriate payment for the services received from webmessage, in advance of the time period during which such services are provided. You agree that until and unless you notify webmessage of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of webmessage, 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 webmessage 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 webmessage

It is the customer’s responsibility to notify our billing team via email at billing@webmessage.ng or support@webmessage.ng or raise a ticket after paying for a product/service renewal, and to ensure the email is received and acted upon. Product/service renewal notices and invoices are provided as a courtesy reminder, and webmessage cannot be held responsible for failure to renew a product/service or failure to notify a customer about a product/service renewal.

No refunds can be given once a domain is renewed. All domain registrations and renewals are final.

webmessage reserves the right to change any product/service fee and any other charges at any time.

Backups and Data Loss

Your use of this service is at your sole risk. webmessage 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 webmessage servers. You may refer to our backup policy for more information about backups.

Promotional Terms

If you purchased a product/service during a promotion bundled with a free product (i.e, a domain name) and you fail to renew it before the date of expiration or a change is made to the billing cycle of the product during the promotional period, the terms of the promo become void. The free product will be charged at the standard renewal rate of the current price of the product.

Domain name promo discount offers do not apply to renewals, transfers, premium domains, trademark domains, and pre-registration domain fees, except otherwise stated in the promotional communication.

Cancellations and Refunds

webmessage reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund, or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. webmessage does not provide support to our Resellers’ Clients. If a reseller’s client contacts us, we reserve the right to control the client account until the reseller can assume responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. webmessage will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.

Shared accounts may not resell web hosting to other people. If you wish to resell hosting, you must use a reseller account.

We reserve the right to change prices listed on the webmessage website, and the right to change the number of resources given to plans at any time.

Indemnification

You agree to indemnify and hold harmless webmessage, its affiliates and subsidiaries, its officers, directors, employees, and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:

• your fraudulent or illegal use of the Services or the Site;
• your negligence or any default by you of any of these Terms;
• any inaccurate or incomplete information that you have knowingly provided to us;
• You’re allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private.
• any service that you have offered, whether with or without our permission, to a third party using the Company’s Services or Website.
• any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Site.

Limitation of Liability

In no event shall webmessage , its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

webmessage, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

webmessage 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.

Link to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by webmessage.

webmessage has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that webmessage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the Terms and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Dispute Resolution

Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between webmessage and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.

The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing, the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.

Each party shall bear its costs in connection with the Arbitration, and the arbitrator’s fees shall be split equally between both parties.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to webmessage site or services. You may submit Feedback by emailing us, through the contact section of the Site, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Bulk Email

Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from the bulk email list. The customer must include the source of the addressee’s address in each bulk email message.

CPU Usage

Sites may not use extreme, unwarranted CPU usage. This includes usage of “heavy” scripts or Flash/Shockwave files. By heavy, we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 50% of CPU usage for a sustained period of time.

File repository / Dump Sites

Customers may not use disk space as a file repository or dumpsite. This includes but is not limited to: warez, serials, sound files, applications, and zip files. This includes using the space in order to store content used on other sites (remote linking). Examples of this would be using the webspace to store images for auction descriptions, flash, or any other files used on another site but stored on our server.

Breaking any of these aforementioned rules may result in immediate account suspension with or without notice and also without refund, as well as criminal prosecution where deemed necessary.

Changes to the TOS

webmessage reserve the right to revise its policies at any time without notice.

Final Agreement

This service agreement, the ICANN policy, and the UDRP (Uniform Domain-Name Dispute-Resolution Policy) all constitute an exclusive agreement between you and us (webmessage.), and it supersedes and governs all prior proposals, agreements, or communication (both written and unwritten. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorised representative of us.

If you have any questions about these Terms, please contact us at support@webmessage.org