PROVIDER (PERFECT VISUAL HOST™) primary objective is to value and support our subscribers wherever, whenever and however possible, and agrees to deliver the agreed upon services, as declared to our customers. Highest level of attention and dedication are provided to all of our subscribers.
The following Terms of Service must be adhere to and abided by for use of our services.
PROVIDER reserves the right to change the policies to reflect the dynamic nature of the Internet world.
Privacy
CLIENT must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants’ and attorneys’ fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other services provided by PROVIDER to the CLIENT.
Account sharing. CLIENT agrees to keep his account information confident. PROVIDER shall not be responsible for lack of privacy, large overtime bills or any other consequences of account sharing.
PROVIDER commits not to disclose, publish, sell or hire personally identifiable information to any advertiser, partner or third party interested to provide services or anything else to its users. But it keeps the right to use the collected personally identifiable information in order to send itself informational and promotional material on behalf of its advertisers, partners or third parties.
Intellectual Property Violations
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
You are otherwise permitted by established Nigeria copyright law to copy the work in that manner.
Also, engaging in activity that violates privacy, publicity, or personal rights of others include trademarks, service marks, trade secrets and patents held by individuals, corporations or other entities.
If you are found in violation of the Perfect Visual Host™ Hosting Terms of Service Policy and Terms of Use. Your account will be terminated without notice and you will forfeit all of the monies that have been paid to PROVIDER.
Examples of content/website that is not acceptable on Perfect Visual Host Servers: “Pirated software”
or “Warez”, “Hacker programs and/or archives”, “IRC Bots”, “Gambling Related”,”Copy righted Mp3’s” “Phishing Site”, cgi-based message boards.
You specifically agree to indemnify and hold PROVIDER harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.
Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
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) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Adult Sites
We welcome and allow adult sites. Adult sites allowed on all plans. All adult sites must have a warning entrance page, all models must be 18+, and you must abide by all laws within the Nigeria and your country if different from Nigeria. We do not allow child
pornography.
Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
You shall not post, link to or transmit: Any material, which is unlawful, threatening, abusive, malicious, defamatory, blasphemous, profane or otherwise objectionable in any way.
Internet Abuse
You may not engage in abusive, or irresponsible behavior illegal or unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to PROVIDER, its partners and customers) without express authorization of the owner of the system or network; and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Monitoring data or traffic on any network or system without the authorization of the owner of the system or network
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, So please ask before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)
BULK AND UNSOLICITED E-MAIL
Sending of undesirable or unsolicited e-mail messages (commonly referred to as “Spam”) is highly prohibited. Sending of email without recipient given their consent to receive e-mail via some affirmative means, such as an opt-in procedure or without procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given; is also considered “Spam” and is subject to the same rules governing unsolicited e-mail messages.
Any PROVIDER’S customers in violation of this policy may have their site closed immediately without warning and shall not hold responsible for lost or harm occurred as result.
Excused Services
In event of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, earthquake, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond our reasonable control, we shall not be deemed to be in default of or to have breached any provision of this Agreement.
The parties shall defer performance of the Services to a date and time mutually agreeable In the event of any such delay or failure
Payment
All the customers seeking for website development and its related packages must pay at lest 80 percent of total fee and 20 percent at the point of completion, before the details of the website will be handed over.
There shall be no balance or refunding of payment for any reason in event where money has been received for website to be developed (As our websites are manually created; not automated).
CLIENT understands that there will be no reimbursement and no pro-rate if he decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination. PROVIDER can terminate this agreement at the end of a billing period, with a 28 days notice.
Authority to Execute
Using our services, each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.