The Agreement

This is an agreement between you (user, account holder, visitor using any of our products and services) and us (Wits Technologies Ltd – witstechnologies.co.ke, Wits Hosting – witshosting.net)

You hereby represent that you are of sound mind and that you have attained the age of majority country in which you reside, and that any information that you submit to us is correct.

Account Setup / Email on file

We will setup your account immediately after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up-to-date at all times. If you have a domain name registered with witshosting.net, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. If you need to verify or change this information, you should contact our support team via email. Providing false contact information of any kind may result in the termination of your account.

Ownership

The e-mail address which is utilized for creating an account is designated as the authorized owner /account holder of the account. Thus all communication is channeled to this email and it is only through this email that we can receive instructions to make changes on the account.

Transfers

We will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot 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. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

Content

All services provided by Wits Technologies may only be used for lawful purposes. The laws of Kenya shall apply. The customer agrees to indemnify and hold harmless Wits Technologies 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 us citing correctly and in details the affected content.

Unacceptable material on all shared servers

Examples of unacceptable material on all shared servers include:
Topsites, IRC 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, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro, Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc).

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Wits Technologies reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Wits Technologies reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Wits Technologies.

Payment Information

You agree to supply appropriate payment for the services received from Wits Technologies, in advance of the time period during which such services are provided. You agree that until and unless you notify Wits Technologies of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via ticket submission to admin[a]witshosting.net. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. As a client of Wits Technologies, it is your responsibility to ensure that your payment information is up-to-date, and that all invoices are paid on time. Wits Technologies provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid shall result in a 10% late fee added to the account balance, and/or an account suspension until the account balance has been paid in full. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales[a]witshosting.net. Wits Technologies reserves the right to change the recurring payment amount and any other charges at anytime.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week and overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Wits Technologies 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 Wits Hosting’s servers.

Cancellations and Refunds

Wits Technologies 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. Customers may cancel at any time by submitting a cancellation request via their Client Area. Wits Technologies gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

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.

Resource Usage

User may not:

  1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. 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.
  6. Participate in any file-sharing/peer-to-peer activities
  7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  8. Run cron entries with intervals of less than 15 minutes.
  9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  10. To help reduce usage, do not force html to handle server-side code (like PHP and SHTML).
  11. Only use HTTPS protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

INODES (Files)

The use of more then 250,000 INODES will result in account suspension. Accounts found exceeding 100,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory. Meaning, an INODE on our server is a webpage, image file, a directory, an email file, etc.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. 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.

Price Change

We reserve the right to change prices listed on witshosting.net, and the right to change the amount of resources given to plans at any time.

Coupons/Promotions

Discounts and coupon codes are issued with Specific terms and conditions of the offer. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price unless decided otherwise.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Wits Technologies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Wits Technologies, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Wits Technologies against liabilities arising out of;

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Wits Technologies;
  2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement and
  4. any defective products sold to customers from witshosting.net‘s server.

Arbitration

By using any of Wits Technologies services, you agree to submit to binding arbitration. If any disputes or claims arise against Wits Technologies or its subsidiaries, such disputes will be handled by an arbitrator of Wits Technologies’s choice. Arbitrators shall be an attorney and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Laws of Kenya will govern all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclosure to law enforcement

Wits Technologies 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.

Disclaimer

Wits Technologies shall not be responsible for any damages your business may suffer. Wits Technologies makes no warranties of any kind, expressed or implied for services we provide. Wits Technologies disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Wits Technologies and its employees.

Changes to the TOS

Wits Technologies reserves the right to revise its policies at any time without notice.