The use of services provided by Oltey Web Solution is subject to the following Terms and Conditions.
Party Definitions and Introductory Terms - The operative parties referred to in this Agreement are defined as follows:
1. Oltey Web Solution is the publisher and operator of www.olteywebsolution.com.ng (the "site") whereby Oltey Web Solution makes certain web hosting services (the "services") available.
When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Oltey Web Solution. Additionally, when the terms "the Site or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy.
2. You, the Client - As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as "Your," "Yours," etc.
PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS.
BY SUBSCRIBING TO OLTEY WEB SOLUTION'S SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "AGREEMENT"). IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD PRINT-OUT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBSCRIBE TO OLTEY WEB SOLUTION'S SERVICES.
OLTEY WEB SOLUTION AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. ANY USE OF OLTEY WEB SOLUTION'S SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT SERVICE TERMS AND CONDITIONS.
1.1 At the time of initial registration, You will make clear the service(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by Oltey Web Solution. Your subscription to any Services will be deemed accepted by Oltey Web Solution when Oltey Web Solution delivers a confirmation of offer to You.
Oltey Web Solution reserves the right to refuse to provide You with any Service for any reason. Oltey Web Solution also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional services. All additional services shall be considered "Services" hereunder. All Services provided are subject to the terms and conditions of this Agreement.
1.2 For purposes of this Agreement, this is applicable to our Hosting Plan, which may be collectively referred to within this Agreement as "Virtual," "Shared,""Virtual/Shared,"or Hosting accounts, plans, and/or servers.
2. REVISIONS TO USER AGREEMENT
This Agreement contains the complete and entire terms and conditions that apply to Your use of Oltey Web Solution's Services (as defined below). Oltey Web Solution may modify the terms of this Agreement, including the Fees (as defined below) at any time.
2.1 From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting or notification. The updated or edited version supersedes any prior versions immediately upon posting or notification, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
2.2 We agree that if We change anything in this Agreement, We will change the "last modified" date at the bottom of this Agreement. You agree to periodically re-visit this web page, and to use the "refresh" button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the "last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "last modified" date has changed, then You can be certain that something in the Agreement has been changed.
2.3 Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing via the cancellation form within thirty (30) days of the "last modified" date described above. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes.
2.4 Waiver - if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
3. DURATION OF AGREEMENT AND CANCELLATION POLICY/REFUNDS
3.1 The Initial Term shall begin upon the date that You receive Your client ID and information from Us. The term's length is chosen by You and shall be indicated when You order Our Services. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
3.2 This Agreement may be terminated by either party any time prior to the billing period ending cycle, (Clients must send a Cancellation Request Email), or by Oltey Web Solution in the event of nonpayment or violation of terms of service by You at any time, without notice, if in Oltey Web Solution's sole judgment You have in any way breached this Agreement ("Termination for Cause").
3.3 Oltey Web Solution may also terminate this Agreement in its sole discretion at any time for any or no reason. ("Termination without Cause"). In such case, Oltey Web Solution will provide You with thirty (30) days written notice before the discontinuation of Services.
3.4 If Oltey Web Solution cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 3.3, Oltey Web Solution shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that Oltey Web Solution terminates the Agreement for cause all prepaid service fees will be forfeited and are not refundable.
3.5 Cancellations must be done in writing via the provided email (Your given email). We require You to cancel in writing through this channel so that We can confirm Your identity and to confirm with You that You are prepared for all of Your content to be removed from Our servers. Once We receive Your cancellation and have confirmed all necessary information with You via e-mail, We will inform You via email to the email address on file that Your account and or contract has been canceled. If You do not receive the confirmation email within twenty-four (24) hours after submitting Your cancellation request, please contact Us immediately via Phone.
3.6 Our hosting customers who wish to cancel will be refunded only the remaining balance of their service. This balance is calculated using the difference between Your original payment and the amount of usage as of the date of the cancellation request. Usage is billed at the service's regular monthly rate and not at the promotion rate.
3.7 Cancellation of any service which included a "free domain name" will result in that customer being charged the full price for each domain name. Domain name pricing will be determined as of the date of the cancellation request..
3.8 Refunds are granted at Oltey Web Solution's sole discretion, and all refund decisions by Oltey Web Solution are final.
3.9 IMPORTANT: Oltey Web Solution does not offer refunds for installation and set-up fees, administrative fees, service add-ons such as Spam Protection and additional payable services, or domain name purchases/registrations.
3.10 Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
3.11 Any violations of this Agreement or any other Oltey Web Solution policy will result in Your waiver of any right You may have had to any refunds.
4. ACCOUNT SET UP
4.1 When You register for the hosting Service, Oltey Web Solution will give You Your email information which shall contain an email user ID and a password. You may use the Services or modify Your information, data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
4.2 You must provide Us with a primary email address that is not part of any domain hosted by Us. All notices and communications between Us will be sent to this email address You provide, and You are therefore required to keep this address current or notify us to update Your account profile if Your email address changes. It is also Your responsibility to make sure that Our domain(s), including olteywebsolution.com.ng, are not included in any spam block list used by You or Your mail provider.
4.3 Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 3.2 of this Agreement.
4.4 Please NOTE that You are responsible for all activity transpiring under Your account. You agree that You have the technical ability to properly operate an email and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, Oltey Web Solution's site and/or equipment, and any other site.
4.5 If You have an existing site that You are migrating to Oltey Web Solution Hosting, We may assist You with moving Your site's files and getting Your site up and running. This service is purely at Our discretion, and We make no guarantees that Your site will be compatible with Oltey Web Solution hosting. Due to the proprietary nature of some hosting platforms, it may not be possible to migrate any or all of Your old site.
5. INTELLECTUAL PROPERTY RIGHTS
All Services provided by Oltey Web Solution may only be used for lawful purposes.
5.1 As between You and Oltey Web Solution, Oltey Web Solution acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied for use on Your web site ("Your Content"). You hereby grant to Oltey Web Solution a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable Oltey Web Solution to perform its obligations hereunder.
5.2 In connection with performance of the Services and at the sole discretion of Oltey Web Solution with no obligation, Oltey Web Solution may provide You with certain materials, including, without limitation, computer software (in object code or source code form), data, documentation or information developed or provided by Oltey Web Solution or its suppliers under this Agreement, domain names, electronic mail addresses and other network addresses assigned to You, and other know-how, methodologies, equipment, and processes used by Oltey Web Solution to provide You with the Services ("Host Materials"). Subject to the terms and conditions of this Agreement, Oltey Web Solution hereby grants You a limited, revocable, non-transferable, non-exclusive license to use the Host Materials solely in connection with the Service offered. This license terminates when this Agreement terminates. As between You and Oltey Web Solution, You acknowledge and agree that Oltey Web Solution owns all right, title, and interest or otherwise has acquired all applicable licenses for the Host Materials, and other intellectual property rights therein. Any use of the Host Materials is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Host Materials obtained through the Services without first obtaining the express written permission to do so from Oltey Web Solution.
5.3 This Agreement does not constitute a license to use Oltey Web Solution's trade names, service marks or any other trade insignia. Any use of any of Oltey Web Solution's trade names, service marks or any other trade insignia shall be subject to Oltey Web Solution's prior written consent.
5.4 As a specific matter - You are not permitted to register any Uniform Resource Locator (URL) or world wide web address that contains any of Our trademarks or URLs or that contain any terms that are confusingly similar to Our trademarks or Our URLs. .
5.5 You should not register any URL or world wide web addresses that consist of, or contain, common or likely misspellings of Our trademarks or Our URLs.
5.6 In the event that You wish to register a URL and You are unclear as to whether the URL would be considered to be a violation of this provision, You are invited to contact Us. Upon receipt of Your request, We will issue a determination to You within thirty (30) days as to whether the URL would be a violation of this Agreement.
5.7 In the event that You do not receive a response from Us within thirty (30) days, You should consider registration of the URL to be a violation of this Agreement and You should not register the URL.
5.8 If You violate this Agreement, You will immediately transfer the offending URL to Us upon demand, and You agree to pay Us N1,000,000 (One Million Naira)in stipulated liquidated damages for each URL registered in violation of this Agreement.
5.9 You specifically agree to pay these liquidated damages. In agreeing to pay these liquidated damages, You acknowledge that this amount is not a penalty, and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties' good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
5.10 If We are required to enlist the assistance of a Law Firm or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of a Law Firm to pursue injunctive relief against You, or if We are required to file a complaint against You in order to bring about the transfer of an offending URL to Us from You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages, or in order to seek injunctive relief from You, or in order to file and prosecute a complaint.
5.11 You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
6. CONTENT AND ACCEPTABLE USE POLICY
6.1 You agree to comply with the content and acceptable use provisions found in this Agreement. Oltey Web Solution reserves the right to modify this Agreement at any time by posting the modified policy on its web Site. You agree to monitor Oltey Web Solution's home page for any changes to this Agreement.
6.2 Oltey Web Solution may, at its sole discretion, immediately terminate Your access to the Services, and terminate this Agreement for cause, if Your conduct violates the acceptable uses outlined below, or if any of Your end users' or downstream customers' conduct violate such acceptable uses.
6.3 We may not actively monitor the content of the web sites that is being hosted by Us except we are employed to do so, although We, at our sole discretion, may choose to electronically monitor Our network and may disclose any content or records concerning our services to you as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. Oltey Web Solution will investigate complaints of a violation of a third party right or of any portion of this Agreement. Oltey Web Solution will cooperate with those attempting to minimize Internet abuse and reserves the right to institute "filters" or other mechanisms for that purpose. Oltey Web Solution will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities.
6.4 You acknowledge and expressly agree that Oltey Web Solution will not be liable to You or any of Your end users for any action Oltey Web Solution will remove or restrict access to the Services for any alleged violation of this Agreement.
Without Our express written consent, You should not:
Examples of unacceptable material on all Hosting include:
Oltey Web Solution may contact you regarding Your use of the Services. You must respond to any such communication within forty-eight (48) hours from the date and time of the communication or face possible suspension and/or termination.
Oltey Web Solution reserves the right to immediately suspend or terminate the account of any customer violating the above-referenced Acceptable Use Policy, without notice, if in Our discretion, it appears that illegal activity is being facilitated or if the public welfare is in danger. All abuse issues must be dealt with via email.
6.5 Oltey Web Solution takes the issue of child pornography very seriously, and any potential harm to minors is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed upon notification or detection by Us. Additionally, any client whose email activities and/or website(s) hosts or links to child pornography will be terminated immediately and without notice to You. Consistent with federal law, Oltey Web Solution will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in such illegal activities.
6.6 You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site. You agree not to allow minors to view any such site, and agree to take responsible measures to prevent them from doing so.
7. ZERO TOLERANCE SPAM POLICY
7.1 You agree to comply with Oltey Web Solution's Anti-Spam Policy.
7.2 Oltey Web Solution reserves the right to modify the Anti-Spam Policy at any time by posting the modified policy on its web site. You agree to monitor Oltey Web Solution's home page for any changes to the Anti-Spam Policy. Your continued use of the Services after the effective date of any changes to the Anti-Spam Policy constitutes Your manifestation of intent to be bound by such changes. Please check our ADDITIONAL ZERO TOLERANCE FOR SPAM.
8.1 Payment for Services is due in advance of the time period for which such payment covers.
8.2 Oltey Web Solution is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. You agree to pay any taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. If Oltey Web Solution should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, Oltey Web Solution will invoice You for the difference between payment received and the Fees due. You agree to pay all attorney and collection fees arising from our efforts to collect any past due Fees from You to the extent allowed by law.
8.3 Subject to specific provisions within this Agreement, Oltey Web Solution reserves the right to change the monthly or yearly charge(s) amount and any other charges at any time.
9. BACK UPS & DATA LOSS
You agree that Your use of Oltey Web Solution's Services is at Your own risk. You are solely responsible for creating backups of Your Web Content and Email. While Oltey Web Solution may make backups of Your Web Content when performing routine maintenance or when performing system-wide backups, You should not rely on Our backup procedure as Your sole method of preserving Your Content. Oltey Web Solution's backup procedure will not backup files larger than 100MB, nor will We backup email. If We do make a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure.
Oltey Web Solution imposes certain restrictions on Your use of the electronic mail services that are available via Our Services.
All Oltey Web Solution accounts are limited to sending fifty (50) e-mail messages per hour, per domain. Attempts to send more than fifty (50) messages per hour may result in the majority of the messages being undelivered.
Oltey Web Solution - Anti-Spam Policy
This Anti-SPAM Policy pertains to all Websites owned, operated, or hosted by Oltey Web Solution. Oltey Web Solution subscribes to a strict "No SPAM" Policy as exhibited and explained by this Policy. Oltey Web Solution will not profit from, nor allow anyone else to profit from SPAM of any kind. Oltey Web Solution will terminate any and all relationships with any customer or affiliate producing illegal SPAM, and Oltey Web Solution will cooperate with law enforcement to see to it that illegal SPAMmers are prosecuted to the fullest extent of the law.
A. Who should read and follow this Policy:
If You have any relationship whatsoever with Oltey Web Solution, you must, as a condition of a continued relationship with Oltey Web Solution, read and familiarize Yourself with this Policy and follow it in its entirety.
B. Parties addressed in this Policy:
The Parties addressed in this Policy are:
ADDITIONAL ZERO TOLERANCE FOR SPAM
We are committed to stemming the flow of SPAM that is prohibited by law. However, Our commitment to eliminating SPAM goes much further than what the law requires. We consider any unsolicited commercial message to be "SPAM." SPAM, in all its forms, is annoying and burdensome, and is inconsistent with Our corporate policies. Consistent with this commitment and Our policies, we prohibit types of SPAM that may have not yet been contemplated by the law, including:
If You are an Affiliate and are sending a message to a recipient who does not know You in some capacity, You should not send any information about Us to them. If You are posting an ad somewhere that has Our company information in it, that ad must be "on topic" and properly listed. Customers or Affiliates using Our Services to engage in the distribution of SPAM will be considered in breach of Our Terms and Conditions.
Importantly, any and all commercial messages You send via Oltey Web Solution's servers MUST be compliant with the CAN-SPAM Act. It is Your responsibility to determine if Your messages are compliant. The following compliance guidelines have been provided by the Federal Trade Commission:
Oltey Web Solution makes no representation or warranties regarding whether following the above guidelines will result in Your messages being considered "CAN-SPAM compliant," however, Your commercial messages, at a minimum, must adhere to the guidelines.
You may obtain additional information about the CAN-SPAM Act via the below link:
All Customers, agents, employees, Affiliates or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold Us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the CAN-SPAM Act, or other applicable laws regulating transmission of commercial email. Oltey Web Solution shall provide immediate notice of any and all such claims, however Oltey Web Solution shall select its own attorneys to defend such claims, at the sole and exclusive expense of the Affiliate, agent, employee, Member or promoter responsible for the alleged violation.
Breach and Damages
Oltey Web Solution will immediately terminate or disable any account which it believes, in its sole discretion, is transmitting, or is otherwise connected with any SPAM or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then You agree to pay Oltey Web Solution liquidated damages of Two Thousand Naira (N2,000.00) for each piece of SPAM or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Oltey Web Solution actual damages, to the extent such actual damages can be reasonably calculated, unless otherwise specified in this Policy or other Oltey Web Solution Agreement. You acknowledge that this amount is not a penalty that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties' good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
Any questions or comments regarding this Anti-SPAM Policy should be directed to: email@example.com
The following is Oltey Web Solution's Acceptable Use Policy. By using Oltey Web Solution's Hosting services ("Services"), you agree to comply with this Acceptable Use Policy. You also agree to require your end users to comply with this Acceptable Use Policy. Oltey Web Solution reserves the right to amend this Acceptable Use Policy at any time, with or without notice to you. Oltey Web Solution agrees to post any changes to this Acceptable Use Policy on the Oltey Web Solution Homepage (located at: www.olteywebsolution.com.ng) and you agree to periodically review this Acceptable Use Policy as modified from time to time. You agree to be bound to this Acceptable Use Policy, as modified from time to time, every time you use or access the Services.
Pursuant to your Hosting Services Agreement, Oltey Web Solution may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the Acceptable Use Policy. In addition, Oltey Web Solution may, at its sole discretion, immediately terminate your access to the Services, if any of your end users violate the Acceptable Use Policy.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services (nor will you permit an end user to use the Services) for any purpose that is unlawful or otherwise prohibited by this Acceptable Use Policy. You should not use the Services (nor will you permit an end user to use the Services) in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by Oltey Web Solution, or any services offered by a third party, or interfere with any other party's use and enjoyment of any of our Services. You should not (nor will you permit your end users to) attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to our network through hacking, password mining or any other means. You should not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and you end users) will not:
Oltey Web Solution reserves the right at all times to disclose any information as Oltey Web Solution deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Oltey Web Solution's sole discretion.
Oltey Web Solution does not control or endorse the content, messages or information found in any Service and, therefore, Oltey Web Solution specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service.
MATERIALS PROVIDED TO Oltey Web Solution FOR POSTING
Oltey Web Solution does not claim ownership of the materials you provide to us to post, upload, input or submit to any Service (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Oltey Web Solution permission to use your Submission in connection with your site, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. Oltey Web Solution is under no obligation to post or use any Submission you may provide and Oltey Web Solution may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Acceptable Use Policy, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Oltey Web Solution has no obligation to monitor the Services. However, Oltey Web Solution reserves the right to review materials posted to a Service and to remove any materials in its sole discretion. Oltey Web Solution reserves the right, in its sole discretion, to terminate your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this Acceptable Use Policy. Your rights and obligations upon termination of any Service are governed by the Hosting Terms and Conditions Agreement. Upon termination of the Service, your right to use the Service immediately ceases. Oltey Web Solution shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party after termination of the Services.
Last Revised 06/23/2020
Oltey Web Solution