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This is an Agreement between you, hereinafter referred
to as the Account Holder and Interactive Technology
Ltd Inc., hereafter referred to as Interactive Technology
Ltd.
1. Account. This Agreement applies to all Accounts
(sub-accounts, pointers, etc.) associated with the Account
Holder.
2. Renewal Period. This Agreement will automatically
renew for successive 12-month period as chosen in the
order form for the life of the contract until cancelled
in writing.
3. Cancellation. Cancellation requests must be received
in writing via fax or postal mail at Interactive Technology
Ltd's main office. Phone and email cancellations will
not be accepted. Such requests must be received 10 days
prior to expiry of term. In circumstances where the
Account holder does not cancel prior to the renewal
date the Account holder is liable for payment of the
entire term of 12 months.
If, after providing notice to the Account Holder, the
Account Holder does not correct the Account Web site
with respect to any of the following circumstances,
Interactive Technology Ltd may terminate this Agreement,
discontinue this service and delete the Account Web
site on the 10th day:
a) The Account Holder violates any term of this Agreement,
any municipal, provincial or federal laws or regulations,
or any policy or guideline set out, from time to time,
by Interactive Technology Ltd anywhere on the Web site
www.itlweb.com;
b) The Account Holder engages in conduct or posts material
on the Account Web site that Interactive Technology
Ltd in its sole discretion believes is harmful to other
Account Holders, the business or reputation of Interactive
Technology Ltd or any third-party;
c) The Account Holder engages in any activity that
could or does overwhelm the server with heavy central
processing unit (CPU) usage or that requires a disproportionate
amount of the resources of the Interactive Technology
Ltd server;
d) The Account Holder
disputes the terms of this Agreement or any amendment
set out, from time to time, by Interactive Technology
Ltd anywhere in an amended Agreement, attached schedule
to this Agreement, or on the Web site
www.itlweb.com
4. Representations & Warranties. No oral or written
advice or information given by Interactive Technology
Ltd or its employees will create a warranty. This information
or advice may not be relied upon. This Agreement supersedes
any such information or advice given by Interactive
Technology Ltd or its employees. Interactive Technology
Ltd does not warranty that any services provided by
Interactive Technology Ltd will be uninterrupted, error-free
or secure. The Service is offered on an "as is"
basis without any representations or warranties of any
kind either express or implied. Interactive Technology
Ltd may also link to or include on its Web resources,
information provided by third party partners and providers.
Interactive Technology Ltd does not guarantee or warrant
the reliability of this information nor does Interactive
Technology Ltd recommend any of these services. For
greater certainty and without limitation to the generality
of the foregoing:
a) Interactive Technology Ltd makes no representations,
warranties or guarantees of any kind whether written
or verbal regarding the reliability of the Account Holder
Web site provided or any other services offered
b) Interactive Technology Ltd is not responsible for
any deletions, alterations, or loss of data due to network
or system outages, file corruption, accidental deletion
or any other reasons
c) Interactive Technology Ltd makes no representations,
warranties or guarantees with regards to server reliability,
speed or consistency
d) Interactive Technology Ltd makes no representations,
warranties or guarantees as to the accuracy or correctness
of any content on any of the Sites and is not responsible
for any errors or omissions arising from the use of
such information
5. Guarantee. Interactive Technology Ltd will provide
a 5-day money back guarantee from date of activation
(minus set up fees). There are no refunds on any prepaid
amounts after the 5 day money back period is over.
6. Payment Method. Account Holder paying by cheque
or cash will receive an invoice for charges and payment
is due upon receipt. Including any automatic renewal
periods and any new services ordered mid-term by the
Account Holder once the service has been set up. Interactive
Technology Limited currently doesn’t accept credit
card payments.
7. Delinquency. Delinquent Accounts are those that
remain unpaid 15 days after activation or renewal date.
Accounts that are delinquent are put on accounting hold
and may not be used. After 15 days, Interactive Technology
Ltd may, in its sole discretion, cancel the Account
without any further compensation to the Account Holder.
8. Cancellation. In cases where delinquent Accounts
are put on accounting hold for a maximum of 2 months,
the Account shall be deactivated permanently. After
this time and only if possible, if the Account Holder
would like to have their site reactivated then full
payment and any applicable retrieval fees must be paid
for in full prior to reactivation of the Account. In
cases where Interactive Technology Ltd makes an exception
for cancellations, which are mid-term, a non-refundable
fee of Ksh 5,000.00, will be charged to the Account
Holder.
9. Notice and Agreement.
The Account Holder agrees to abide by the following
provisions of this service contract and may have to
agree to additional provisions from Interactive Technology
Ltd covering this Agreement and/or any future services
added to this Agreement. Interactive Technology Ltd
reserves the right to modify any provisions of this
Agreement at any time with 72 hours notice to the Account
Holder. Notice may be given in the form of an announcement
on the Web site www.itlweb.com If Account Holder refuses
to accept any future provisions or amendments, Account
Holder will have the option to cancel service as of
the renewal date. Failure to cancel service by the Account
Holder will be deemed to be acceptance of any amended
provisions or conditions to this Agreement. If Account
Holder refuses to accept any future provisions or amendments,
Interactive Technology Ltd may, in its sole discretion,
cancel the Account forthwith.
10. Content. The Virtual Hosting Internet Account and
related electronic services can only be used for legal
purposes under all international, federal, provincial
and municipal laws. Violations of this or any other
provision of this Agreement can result in a 30 day notice
to terminate service or in Interactive Technology Ltd's
sole discretion, an immediate termination of service.
Interactive Technology Ltd has the right to refuse service
if content of information provided is deemed illegal,
misleading, or obscene in the opinion of Interactive
Technology Ltd. Interactive Technology Ltd will make
the final determination in any dispute over unacceptable
content, and Account Holder agrees to accept Interactive
Technology Ltd's decision. In any cases where the Account
holder has violated the terms of this Agreement, Interactive
Technology Ltd reserves the right to deactivate or lock
the Account without notice to the Account holder. Interactive
Technology Ltd will not be held responsible nor will
issue any credits or refunds in such cases of deactivations
due to violations of this Agreement. Account Holder
agrees that Interactive Technology Ltd is not responsible
for any content on Account Web site and acknowledges
that Interactive Technology Ltd does not endorse or
verify any such material. Account Holder agrees to assume
full responsibility for all files associated with the
Account Web site and acknowledges that Account Holder
may be held legally liable for the contents of the Account
Web site. Account Holder will not include any content
or Internet link on the site that contains, promotes
or is involved in any of the following:
a) any infringement of copyright, trademark, patent,
trade secret or other intellectual property right
b) pornography
c) content that exploits children under 18 years of
age
d) hate propaganda
e) racist, threatening, slanderous,
libellous or otherwise
abusive content
f) the promotion or incitement of, or instructions
for, the commission of illegal activities
g) mail fraud, multi-level marketing schemes or any
fraudulent activities
h) content promoted through the sending of unsolicited
email (spamming)
i) sending of unsolicited email (spam) from the I.T.L.
server, or any other server that refers to content on
the I.T.L. server, or sending such email with a I.T.L.
hosted Web site listed as the contact address
j) warez, cracks, hacks, spam software & their
associated utilities
k) illegal mpeg layer two or three files (MP2 or MP3)
which may be considered copyright infringement
l) information or other material that contains a virus,
corrupted data or any other harmful or damaging component
11. Prices. Interactive Technology Ltd reserves the
right to increase prices at any time.
12. Passwords & Netiquette. The Account Holder
agrees to follow generally accepted "Netiquette"
when sending email messages or posting newsgroup messages.
Account Holder is solely responsible for the security
of their password. In the event that the Account holder
releases the password to an unknown party or person(s)
the Account holder will be held responsible for any
unauthorized use of Interactive Technology Ltd's services.
This includes any damages resulting there from, until
Interactive Technology Ltd is notified by the Account
holder. Interactive Technology Ltd will not change passwords
to any Account without verification of identity of the
Account Holder which is satisfactory to Interactive
Technology Ltd. Verification may include written requests
with signature. Account Holder agrees not to participate,
either directly or indirectly, in the distribution of
"SPAM", "JUNK MAIL" or unsolicited
commercial messages or communications in any form either
through Interactive Technology Ltd's servers or any
other server. Interactive Technology Ltd reserves the
right to terminate, without notice, all services provided
to Account Holder if Account Holder participates in
the distribution of any such communications.
13. Privacy Policy. In order to protect Interactive
Technology Ltd's clients, Interactive Technology Ltd
will refuse to give any information to any persons requesting
such information without the express written consent
of the Account holder.
14. Account Ownership & Dispute. In the event of
any partnership break-up, divorce or other legal problems
that includes the Account Holder, Account Holder understands
that Interactive Technology Ltd will remain neutral
and may even lock the Account until the situation has
been resolved. During this period if the Account is
more than 15 days overdue for payment, Interactive Technology
Ltd may place the Account on Accounting Hold until payment
is received. Under no circumstances will Interactive
Technology Ltd be liable for any losses incurred by
Account Holder during this time of determination of
rightful ownership.
15. Indemnity. The Account Holder agrees not to harm
Interactive Technology Ltd, its reputation, computer
systems, programming and/or other Account Holders using
Interactive Technology Ltd's services. Interactive Technology
Ltd reserves the right to select the server / computer
for Account Holder's Web site for best performance.
If Account Holder breaches this Agreement, then Interactive
Technology Ltd has the right to terminate service without
any refunds of the unused portion prepaid by Account
Holder. The Account Holder agrees to indemnify and hold
harmless both Interactive Technology Ltd and other Account
Holders from any and all claims an/or costs (including
legal costs) resulting from the Account Holder's use
or abuse of their service in any manner. If at any time,
Account Holder breaches any part of this contract and
Interactive Technology Ltd has to engage the services
of an attorney, then Account Holder will pay any and
all of the Interactive Technology Ltd's reasonable attorney
fees and court costs. The Account Holder agrees to indemnify
and hold Interactive Technology Ltd harmless from and
against, and to reimburse Interactive Technology Ltd
with respect to, any and all losses, damages, liabilities,
claims, judgments, settlements, fines, costs and expenses
(including reasonable related expenses, legal fees and
costs of investigation) of every nature whatsoever incurred
by Interactive Technology Ltd by reason of or arising
out of or in connection with (i) any breach of this
Agreement by the Account Holder, (ii) any infringement
of any copyright, trade-mark, patent, trade secret or
any other intellectual propriety right of any party
by content on the Site, or (iii) illegal, libellous,
slanderous, dangerous or defamatory content on the Site.
16. Usage. Account Holder understands this service
is provided on a shared server. This means that Account
Holder's Web site cannot overwhelm the server with heavy
(CPU) usage from highly active common gateway interface
(CGI) scripts or chat scripts or excessive bandwidth
usage which interferes with Interactive Technology Ltd's
ability to provide service to its users. If Account
Holder's Web site overwhelms the server and / or causes
complaints from other Account Holders, Interactive Technology
Ltd may cancel the Account with 72 hours notice to the
Account Holder. Interactive Technology Ltd will refund
any moneys paid for unused time of service remaining.
17. Security. Interactive Technology Ltd will deactivate
Account Holder's Web site or any services for Account
Holder's Web site without notice to the Account holder,
if deemed by Interactive Technology Ltd, to be hazardous
or insecure to other Interactive Technology Ltd Account
Holders on the shared server (security violations).
In such cases, Interactive Technology Ltd will not be
held responsible or liable for any damages to the Account
Holder as a result. Interactive Technology Ltd's objective
is to keep all Account Holders secure from such occurrences,
which may or may not occur.
18. Assignment, License and Transfer. The Account Holder's
right and privileges cannot be sold or transferred without
the written consent and approval from Interactive Technology
Ltd. Interactive Technology Ltd may assign, license
or transfer its responsibilities and duties under this
Agreement.
19. Address Changes. Any and all changes (address,
email address, phone number, billing contacts, etc)
associated with the Account Holder must be updated with
Interactive Technology Ltd Billing via postal mail or
fax within 7 (seven) days of such change. Phone or email
notifications will not be accepted. Interactive Technology
Ltd will not be held responsible in the event that the
Account Holder's Account is deactivated, or locked because
the Account Holder failed to notify Interactive Technology
Ltd of any of these changes in their billing contact
information.
20. Notice to Officials. If Interactive Technology
Ltd determines that law enforcement officials should
be notified regarding potentially illegal content on
the Account Web site, the Account Holder agrees that
Interactive Technology Ltd may provide copies of the
Account Holder's Web site to the appropriate officials
without notice to the Account Holder. Account Holder
agrees that Interactive Technology Ltd does not have
a duty of confidence or non-disclosure to the Account
Holder in respect of the content of Account Holder's
Web site. Interactive Technology Ltd may cooperate with
all law enforcement efforts to locate persons who have
posted content that is illegal or promotes illegal conduct.
21. Limitations of Liability. Interactive Technology
Ltd is not responsible for any failures, delays or interruptions
in the delivery of any content or services contained
on the Interactive Technology Ltd server; or losses
or damages arising from the use of the content or services
provided by Interactive Technology Ltd, and for greater
certainty and without limitation to the generality of
the foregoing:
a) Interactive Technology Ltd liability to the Account
Holder for actual damages for any cause whatsoever,
regardless of the form of action will be limited to
a maximum of the fees paid by the Account Holder to
Interactive Technology Ltd, for the 12 months ;
b) in no event will Interactive Technology Ltd be liable
to the Account Holder for any indirect, incidental or
consequential damages arising out of the service or
in connection with the Account Web site or any other
services or products provided to or by the Account Holder;
c) Interactive Technology Ltd, its officials, directors,
owners, agents and employees, shall in no way be liable
to the Account Holder or anyone else for any loss or
injury resulting from use of the service or the Account
Holder's Web site;
d) In no event shall Interactive Technology Ltd be
liable for any damages, whatsoever, as a result of the
notifying any official of potentially illegal content
on the Site, providing copies of the Account Holder's
Web site to the appropriate officials or cooperating
with law enforcement efforts to locate persons who have
posted content that is illegal or promotes illegal conduct;
e) In no event shall Interactive Technology Ltd be
liable for any damages, whatsoever, as a result of the
termination of this Agreement.
22. Consent to Breach Not Waiver. No term or provision
of this Agreement is deemed waived and no breach excused,
unless the waiver or consent is in writing and signed
by the party claiming to have waived or consented. Any
consent by any party to, or waiver of, a breach by the
other, whether expressed or implied, does not constitute
a consent to, waiver of, or excuse for, any other different
or subsequent breach.
23. Governing Law. This Agreement is governed by and
construed in accordance with the applicable laws of
Kenya.
24. Sever ability.
If any provision of this Agreement is held to be valid,
illegal or unenforceable, all other provisions will
nevertheless continue in full force and effect.
25. Entire Agreement. This Agreement, together with
all policies, guidelines and amendments set out, from
time to time, by Interactive Technology Ltd anywhere
on the Web site www.itlweb.com constitutes the entire
Agreement between the parties with respect to the subject
matter of the Agreement and supersedes all previous
negotiations, proposals, commitments, writings and understandings
of any nature whatsoever, whether oral or written.
26. Survival. Any terms and conditions of this Agreement,
which by their nature extend beyond the term or expiry
of this Agreement, shall survive the termination or
expiry of this Agreement. This includes, without limitation,
the representations and warranties, limitations of liability,
indemnity, and this survival provision.
27. Headings. The headings and captions used in this
Agreement are inserted only as a matter of convenience
and for reference and in no way are to be construed
as defining, limiting, or describing the scope or intent
of this Agreement.
28. Remedies Cumulative. Unless otherwise set out in
this Agreement the rights and remedies granted to each
party under this Agreement are cumulative and are in
addition to each party's rights provided by law or otherwise.
Each party may exercise its rights concurrently or separately.
The exercise of one remedy is not deemed an exclusive
election of that remedy nor does it preclude the exercise
of any other remedy.
29. Counterparts or Electronic Acceptance. This Agreement
may be executed in counterparts, each of which is deemed
to be an original and all of which together are deemed
to be one and the same instrument, or may be executed
by indicating consent through electronic means.
30. Right to Refuse Service. Interactive Technology
Ltd reserves the right to refuse services to any Account
Holder. In the event that an Account Holder does not
abide by the provisions set out in this Agreement or
if the Interactive Technology Ltd deems the Account
holder to be a hindrance to Interactive Technology Ltd,
the Account holder will be blacklisted and Interactive
Technology Ltd will not provide any services to the
Account Holder in the future. In such an event, Interactive
Technology Ltd will give the Account holder 15 (fifteen)
Calendar days notice to find another provider for their
web hosting needs.
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