Terms & Conditions

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Whether you have a low traffic, brand new blog or own a
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This Terms of Service Agreement (this “Agreement”) is entered into by and between Teqporte Cloud Technologies Limited, (“TeqporteCloud”) a Nigerian private limited Company with its Registered Address at Suite 203, 2nd Floor Obum Place, Plot 1140 No.16Ademola Adetokunbo Crescent Wuse 2 Abuja Nigeria. (“TeqporteCloud”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and the services purchased or accessed through this Site (individually and collectively), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

By accessing or using the services of TeqporteCloud through any means permissible including without limitation, a computer, or mobile application, whether you are simply browsing or using this Site or purchase Services, or by your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies, including Privacy Policy, Refund Policy and the applicable product agreements, which are incorporated herein by reference you agree that you have read, understood, and agree to be legally bound by this Agreement and your use of the Domain, Hosting and any related products or services will be governed by this Agreement. If you do not agree with the Terms and Conditions of this Agreement, you are expressly prohibited from using or accessing any of the services and must discontinue use immediately.

TeqporteCloud may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.

[/vc_column_text][vc_custom_heading text=”INTERPRETATION” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes” el_class=”font_size24 line_height24 margin_bottom25 font_weight700 color_343a40″ css=”.vc_custom_1606988265606{margin-top: 0px !important;padding-top: 0px !important;}”][vc_column_text css=”.vc_custom_1606988365921{margin-bottom: 0px !important;}” el_class=”padding_bottom45 margin_bottom40″]

  1. ‘We’ refers to TeqporteCloud.
  2. ‘Our’ refers to TeqporteCloud.
  3. ‘TeqporteCloud’ refers Teqporte Cloud Technologies Limited.
  4. ‘The Services’ refers to the services offered by and available on www.teqporte Cloud.ng
  5. “You” refers to any individual or entity who accepts this Agreement, has access to your account or uses the Services.
  6. “User” refers to any individual or entity who accepts this Agreement, has access to your account or uses the Services.
  7. “Customer” refers to any individual or entity who accepts this Agreement, has access to your account or uses the Services.

[/vc_column_text][vc_custom_heading text=”ELIGIBILITY” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes” el_class=”font_size24 line_height24 margin_bottom25 font_weight700 color_343a40″ css=”.vc_custom_1606988451287{margin-top: 0px !important;padding-top: 0px !important;}”][vc_column_text css=”.vc_custom_1606988469892{margin-bottom: 0px !important;}” el_class=”padding_bottom45 margin_bottom40″]

By using the Services, you guarantee that you are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is prohibited and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

[/vc_column_text][vc_custom_heading text=”COMPLIANACE WITH LAW” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes” el_class=”font_size24 line_height24 margin_bottom25 font_weight700 color_343a40″ css=”.vc_custom_1606988530642{margin-top: 0px !important;padding-top: 0px !important;}”][vc_column_text css=”.vc_custom_1606988549682{margin-bottom: 0px !important;}” el_class=”padding_bottom45 margin_bottom40″]

You agree to use services offered by Teqporte Cloud in a manner consistent with all applicable law. Accounts are subject to suspension with or without notice if investigated and found to be in contravention of the law, violation of trademark, copyright laws, is abusive or used for illegal activity.

Teqporte Cloud may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

[/vc_column_text][vc_custom_heading text=”WHAT MAY NOT BE HOSTED ON OUR NETWORK” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes” el_class=”font_size24 line_height24 margin_bottom25 font_weight700 color_343a40″ css=”.vc_custom_1606988608291{margin-top: 0px !important;padding-top: 0px !important;}”][vc_column_text css=”.vc_custom_1606988630243{margin-bottom: 0px !important;}” el_class=”padding_bottom45 margin_bottom40″]

All Teqporte Cloud services, are provided only for authorized customer use. Teqporte Cloud 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 TeqporteCloud 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. TeqporteCloud may, at its discretion, request and require documentation to prove 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.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Other materials strictly prohibited from our server include but not limited to

  • Topsites
  •  IRC Scripts/Bots
  •  IRCD (irc servers)
  •  Proxy Scripts/Anonymizers
  •  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 rapid share)
  •  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 or distribution of any controlled substance without prior proof of appropriate permit(s)
  •  Prime Banks Programs
  •  Lottery/Gambling Sites
  •  MUDs/RPGs/PBBGs
  • 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
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways
  • Bitcoin Miners
  • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc).

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 trouble ticket/email and will have a response within 48 hours.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of 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.

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 or this TOS in any manner may be removed from our servers (or otherwise disabled), with or without notice.

[/vc_column_text][vc_custom_heading text=”PAYMENT AND FEES” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes” el_class=”font_size24 line_height24 margin_bottom25 font_weight700 color_343a40″ css=”.vc_custom_1606988687049{margin-top: 0px !important;padding-top: 0px !important;}”][vc_column_text css=”.vc_custom_1606988697997{margin-bottom: 0px !important;}” el_class=”padding_bottom45 margin_bottom40″]

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

As a client of TeqporteCloud, 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 TeqporteCloud 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 TeqporteCloud.

It is the customer’s responsibility to notify our billing team via email after paying for a product/service renewal and to ensure the email is received and acted upon.

Full payment must be made prior to the expiry of your hosting service. If renewal for the service is made post expiry the service will still count from the date of expiry and not the date of renewal. If the account is not renewed up to one (1) month post expiry, the account will be deleted.

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

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RENEWALS

Unsuccessful Renewal/activation of Services.

It is solely your responsibility to make sure your domain name, hosting or any other services is activated or renewed successfully, TeqporteCloud is not responsible for a failure to renew a domain or activate any services or a failure to notify a customer about a domain’s renewal or any services renewal.

Cloud cannot be held responsible for failure to renew a product/service or failure to notify a customer about a product/service renewal.

Product/Service renewal notices or any other services renewal notice are provided as a courtesy reminder.

REFUND POLICY

TeqporteCloud will process all refund requests in accordance with this Policy

Refund Eligibility.

Service(s) must be cancelled before a refund can be issued.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

TeqporteCloud does not offer refunds for cancellations that occur after thirty (30) days.

You will not be entitled to a refund if your domain name has been flagged as suspicious, is considered to be registered for improper use, or is registered in breach of our Terms of Service.

You will not be entitled to a refund if your service is suspended or terminated as a result of a breach of our Terms of Service.

All eligible refunds will be credited to your client account with TeqporteCloud, unless you specifically request for a cash refund. Money refunded into your client account can be used at anytime to pay for other products and services. You can view your credit balance by logging into your client account and going to the “Available credit” section on your client area dashboard.

If you have requested for a cash refund, TeqporteCloud will only give such refund where the account details you have provided for the refund are an exact match with that from which we received your payment. In event of any discrepancy in the account details, eligible refund will only be made into your client account.

Requests for cash refunds will be processed and completed within a minimum of 7 days and maximum of 14 days from the date of request. All cash refund requests are subject to an administrative fee which will be deducted from the amount to be refunded to you. In the event that the amount to be refunded is less than the administrative fee i.e., bank charges, you will only be entitled to a refund into your client account.

All refund will be made via online transfers and TeqporteCloud is not responsible for any additional charges.

On no account will the same product or service be entitled to a refund more than once.

Annual shared hosting and reseller hosting purchases must be cancelled within 30 days of purchase to be eligible for a full refund.

Cancellation requests for monthly, quarterly, and semi-annual web hosting plans must be made within 72 hours of purchase to be eligible for a refund.

The money-back guarantee does not apply to most add-on products, such as domains, given the unique nature of their costs.

To Cancel your Hosting Follow this steps:

  • Login to your client area and click on the Services->My Services
  • Click on the View Details button beside the service you would like to cancel
  • Click on Management Actions tab and then click on Request Cancellation link
  • You will receive an automatic reply confirming we have your request.
  • Wait for a separate cancellation-confirmation email (up to 48 hours later).
  • Reply back to the cancellation-confirmation email and ask for your refund.
  • You must get written confirmation from TeqporteCloud with the amount of your refund and requesting your account details.
  • Please allow up to 5 working days for your account to be refunded.

Non-refundable Products and Services.

The following products and services are non-refundable once purchased:

1. Email Hosting

2. SiteLock

3. CodeGuard

4. VPS or Virtual Servers

5. Dedicated Servers

6. Platinum Servers

7. Domain registrations, transfers & renewals

8. Cloud hosting

An excessive request for refunds after a refund has already been made to an account, this may result in future denials of refunds. Failure to provide the required documentation for closed domains, misspelling of a domain registered, mere dissatisfaction with a domain name registered. Computer hardware and/or software failure (e.g., computer crash), including Internet connection, of the customer. TeqporteCloud refuses to accept fault for customer hardware/software issues and will not honor refunds associated with these issues.

9. WordPress Hosting

10. Weebly Site Builder

11. G-Suite

12. Installation/setup for custom software or products

13. Custom services purchases

14. Web Design

15. SSL

in an event of unsuccessful registration or transfer of a domain name, the fees will be credited into your client area account. Refund for services that has not yet been installed or setup will be as well credited into your client area account and this may be used to either repurchase the same service or other services.

Overpayment.

If we become aware that you have overpaid for any product or service, we will credit the amount of that overpayment to your Client Area account where you can use it to pay for other products or services at any time. You will be able to see this credit by logging into your account and going to the Available credit section on your client area dashboard.

If you wish for an overpayment to be refunded to your bank account, you must send a request for refund to ticket@smartweb.com.ng The request must give required details including the invoice number for which the overpayment was made, date of payment, method of payment (including, where applicable, bank details from which payment was made) and amount of overpayment.

Once we have received your request, it will be dealt with in accordance with this Refund Policy.

DISPUTE RESOLUTION

If you are dissatisfied with the resolution of a complaint treated in accordance with our Complaints Handling Process, if any dispute, claim, controversy or difference of any kind whatsoever arising out of or in connection with this AGREEMENT, or breach thereof (the “Dispute”), the parties shall attempt to settle such dispute in the first instance within thirty (30) Days from the date upon which one party has given written notice of the Dispute to the other party, by discussions between or among the parties (“Discussion Period”). If the Dispute cannot be settled within the discussion period, then the matter may be referred to arbitration to be conducted pursuant to the Nigerian Arbitration and Conciliation Act. Cap A18, Laws of the Federation of Nigeria, 2004.

GOVERNING LAW AND JURISDICTION

This Agreement and any controversy arising out of or in relation to it shall be governed by the laws of the Federal Republic of Nigeria you agree to submit to the jurisdiction of the State and Federal courts of the Nigeria which shall have exclusive jurisdiction over all controversies in connection. You hereby waive any right to assert any rights or defenses within any other jurisdiction or to require that litigation take place elsewhere. For the adjudication of disputes concerning or arising from use of the Registered Name “intellectual property infringements or violations.”, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) the Federal Republic of Nigeria.

ACCOUNT SUSPENSION AND CANCELLATION

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

An account may be suspended with or without notice for the following reasons:

(i) Failure to renew an expired account

(ii) Illegal Activity (account will be deleted 3 months after suspension)

(iii) Violation of applicable law – Nigerian other jurisdictions that may apply.

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

INDEMNITY

You agree to indemnify, defend and hold harmless TeqporteCloud, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

TRANSFERS

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any 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. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall TeqporteCloud be held liable for any lost or missing data or files resulting from a transfer to or from TeqporteCloud. You are solely responsible for backing up your data in all circumstances.

SPAMMING

Sending of unsolicited e-mail, bulk emailing, and spam are strictly prohibited. “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.

CPU, DISK USAGE AND BANDWIDTH (HOSTING AGREEMENT)

  1. Permitted CPU and Disk Usage.

All use of hosting space provided by TeqporteCloud is subject to the terms of this Agreement and the Acceptable Usage Policy Shared hosting space shall only be used for: (i) web files; (ii) active email; and (iii) content of User Websites.

However, Shared hosting space may not be used for any activity not listed above, including but not limited to:

(i) storage of media, emails, or other data as determined by the service providers; or

(ii) offsite storage of electronic files, email or FTP hosts;

(iii) gaming server; or

(iv) to store over 100,000 files; or

(v) run MySQL queries longer than 15 seconds; or

(vi) use more than 50% of your website’s disk space for storing emails. Notwithstanding the above, your email storage cannot exceed 10 GB of disk space used by your Hosting order, even if it is within the aforesaid 50% of your website’s disk space. or (vii) use more than 5 GB or lesser based on the offering per database. We expressly reserve the right to review every shared account for excessive usage of CPU, disk space and other resources which might affect the stability, performance and uptime of our servers, storage and network that maybe caused by your violation of this Agreement or the Acceptable Use Policy or otherwise.

If you are in violation of the above, we may, in our sole discretion require you to upgrade your package, or move to a VPS or Dedicated server (depending on which package would meet your needs) or terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of this Agreement and other policies. Please note, Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.

  •  Bandwidth Usage.

Bandwidth usage is unmetered on shared and cloud hosting services. Additionally, specific limits on the services have been mentioned on the product that you purchase, which include but are not limited to Shared hosting, Cloud hosting, WordPress hosting, VPS, Dedicated and Email hosting. If we encounter any website/package/order/customer consuming more than 25% of the system resources for more than 90 seconds which might affect the stability, performance, and uptime of our servers, storage and network, we may require to you upgrade your package, or move to a VPS or Dedicated server, or we may take action to restrict the bandwidth or other resources applicable for your website/package/order/account.

RESOURCE USAGE

  1. User May Not Use:
  2. Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
  3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  4. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  5. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  6.  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.
  7. Participate in any file-sharing/peer-to-peer activities
  8. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  9. Run cron entries with intervals of less than fifteen (15) minutes.
  10. Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.
  11. Force html to handle server-side code (like php and shtml) to help reduce usage.
  •  INODES

The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.

C. Databases

Shared accounts may not run any database queries longer than fifteen (15) seconds. Shared or reseller cPanel accounts using more than five thousand (5,000) database tables or hosting a single database that is larger than five (5) gigabytes, or any number of databases that total more than ten (10) gigabytes in size may be reviewed and receive a warning after which the account’s databases may be excluded from. TeqporteCloud generated backups. All database tables should be indexed appropriately. High database usage may also impact CPU and RAM resource usage limits, as set forth in Section 15 of the General Terms of Service, which may result in the Subscriber’s cPanel account being flagged for review and/or suspension.

FILE BACK-UP

TeqporteCloud is not responsible for back-up of files and databases residing on our servers. You are solely responsible for independent back-up of data you store on our servers.

While we provide backup on some of our servers. it is expected that you have an independent back-up of your data should any system failure occur.

DEDICATED SERVERS

TeqporteCloud reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. TeqporteCloud reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. TeqporteCloud will not be liable for any loss of data resulting from such deletion.

TERMINATION

TeqporteCloud may terminate your access to the Services, in whole or in part, without notice in the event that:

(i) you fail to pay any fees due; I,e If the account is not renewed up to 1 month post expiry, the account will be deleted.

(ii) you violate this Agreement;

(iii) your conduct may harm TeqporteCloud or others or cause TeqporteCloud or others to incur liability, as determined by TeqporteCloud in our sole discretion; or

(iv) as otherwise specified in this Agreement. In such event, TeqporteCloud shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, TeqporteCloud may charge you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED

FORCE MAJEURE

TeqporteCloud shall not be liable for any failure to perform due to causes beyond its control, including but not limited to fire, flood, earthquake, explosion, accident, acts of public enemy, war, rebellion, insurrection, sabotage, epidemic, pandemic, quarantine, labor disputes, acts of God or government, any such event of force majeure affecting TeqporteCloud ‘s third-party partners, or judicial action.

CHANGE IN PRICE

TeqporteCloud reserves the right to review from time to time with or without notice prices or any other charges and the right to change the amount of resources given to packages at any time. The prices take effect from the date posted on our website. It is your sole responsibility to periodically review billing and resources information provided by TeqporteCloud on the website.

MODIFICATION OF AGREEMENT OR SERVICES

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

TeqporteCloud may modify, add, or delete portions of this Agreement at any time. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification. TeqporteCloud reserves the right to modify, change, or discontinue any aspect of the Services at any time.

SEVERABILITY

If any provision of this Agreement shall be declared void, invalid, or illegal, the validity or legality of all other provisions of the Agreement shall not be affected thereby.

LIMITATION OF LABILITY

In no event will Teqporte Cloud, its directors, employees or agents be liable to you or any third person for any claimed damages, including any indirect, exemplary, incidental, special, consequential or puntive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, or for any reason whatsoever even if  TeqporteColud is aware or has been advised of the possibility of such damages. Furthermore, TeqporteCloud shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of TeqporteCloud servers even if TeqporteCloud is aware or has been advised of the possibility of such.

DISCLAIMER

TeqporteCloud shall not be responsible for any damages your business may suffer. TeqporteCloud makes no warranties of any kind, expressed or implied for the Services. TeqporteCloud disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by TeqporteCloud or our employees.

TeqporteCloud will not be held responsible for any damages, events that may occur resulting from the use of our services, downtimes, failure or refusal to register or renew your products and services with us. TeqporteCloud will only be liable to provide a full refund of monies paid to us for such products or services

TeqporteCloud retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

DOMAIN NAME REGISTRATION AGREEMENT

1. OVERVIEW

This Domain TeqporteCloud Technologies Limited, a Nigeria private limited company (“TeqporteCloud”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of TeqporteCloud Domain Name Registration services (the “Domain Name Registration Services” or the “Services”). Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, which incorporates by reference each of (i) TeqporteCloud’s Terms Of Service Agreement (“TOS”), (ii) all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the top-level domain (“TLD”) in which you register any domain (“Registry Policies”), and (iii) any plan limits, product disclaimers or other restrictions presented to you on the Domain Name Registration Services landing page of the TeqporteCloud website (this “Site”). To link to and review the Registry Policies for the TLD in which you wish to register a domain name, please click here.

The terms “we”, “us” or “our” shall refer to TeqporteCloud. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement.

Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You acknowledge and agree that (i) TeqporteCloud in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, TeqporteCloud may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current. TeqporteCloud assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

You acknowledge and agree that TeqporteCloud may modify this Agreement in order to comply with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the TLD or country code top level domain (“ccTLD”) in question. As used herein, the terms “registry”, “Registry”, “registry operator” or “Registry Operator” shall refer to the registry applicable to the TLD or ccTLD in question.

2. PROVISIONS SPECIFIC TO ALL REGISTRATIONS

Unless otherwise noted, the provisions below in this Section 2 are generally applicable to all TLDs that we offer. Special provisions specific to any TLD or ccTLD (those in addition to posted Registry Policies) are identified elsewhere below in this Agreement.

Registry Policies; You agree to be bound by all Registry Policies (defined above in this Agreement) applicable to your domain name registration (at any level). IT IS YOUR RESPONSIBILITY TO VISIT THE APPLICABLE TLD SITE AND READ AND REVIEW ALL APPLICABLE REGISTRY POLICIES PRIOR TO YOUR REGISTRATION IN THE TLD. Notwithstanding anything in this Agreement to the contrary, the Registry Operator of the TLD in which the domain name registration is made is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in. The third party beneficiary rights of the Registry Operator will survive any termination of this Agreement.

Registration Requirements. To the extent any TLD or ccTLD requires you meet eligibility (e.g., residency for .EU, etc.), validation (e.g., DNS validation) or other authentication requirements as a condition to registering a domain name in the TLD, you agree that by submitting an application or registering or renewing your domain name, you represent and warrant that: (a) all information provided to register or renew the domain name (including all supporting documents, if any) is true, complete and correct, and is not misleading in any way, and the application is made in good faith; (b) you meet, and will continue to meet, the eligibility criteria prescribed in the Registry Policies for the applicable TLD for the duration of the domain name registration; (c) you have not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application (if applicable); (d) you acknowledge and agree that even if the domain name is accepted for registration, your entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name; and (e) you acknowledge and agree that the Registry or the registrar can cancel the registration of the domain name if any of the warranties required are found to be untrue, incomplete, incorrect or misleading.

Ownership. You acknowledge and agree that registration of a domain name does not create any proprietary right for you, the registrar, or any other person in the name used as a domain name or the domain name registration and that the entry of a domain name in the Registry shall not be construed as evidence or ownership of the domain name registered as a domain name. You shall not in any way transfer or purport to transfer a proprietary right in any domain name registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name registration.

ICANN Requirements. You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself or any other arrangement with ICANN. Indemnification of Registry. You agree to indemnify, defend and hold harmless (within 30 days of demand) the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s or Registry Operator’s prior written consent, which consent shall not be unreasonably withheld, and you agree that these indemnification obligations shall survive the termination or expiration of the Agreement for any reason. IN NO EVENT SHALL THE REGISTRY OPERATOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE DOMAIN NAME, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Beneficiary. Notwithstanding anything in this Agreement to the contrary, the Registry Operator for any TLD in which your register a domain name is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to TeqporteCloud being an affiliate of the registrar for the TLD. Third party beneficiary rights of the Registry Operator shall survive any termination of this Agreement.

VARIABLE AND NON-UNIFORM PRICING

You acknowledge, understand and agree that certain domain names in certain TLDs are established by Registry Policies to be variably priced (i.e., standard v. premium names) and/or may have non-uniform renewal registration pricing (such that the Fee for a domain name registration renewal may differ from other domain names in the same TLD, e.g., renewal registration for one domain may be $20.00 and $10.00 for a different domain name).

Restriction on Availability of Privacy or Proxy. You acknowledge and agree that, as dictated by the Registry Policies, for certain TLDs you may not be permitted to purchase private TLD registrations. In such case, you must register for any and all TLD registrations using your personal information, which information you represent and warrant is current, accurate and complete.

3. FEES AND PAYMENTS

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. TeqporteCloud expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. For all terms and conditions relating to fees, payment, refund and billing, etc. applicable to the Services offered under the scope of this Agreement, please refer to the “Fees and Payments” section of our UTOS.

(B) DOMAIN NAME RENEWAL TERMS

When you register a domain name, you will have two renewal options: (i) “Automatic Renewal”, and (ii) “Manual Renewal”:

Automatic Renewal.: Automatic Renewal is the default setting. TeqporteCloud will automatically renew, for a period equivalent to the length of your original domain name registration, any domain name that is up for renewal and will take payment from the Payment Method you have on file with TeqporteCloud at TeqporteCloud’s then current rates.

Manual Renewal: If the automatic renewal is disabled for your domain, you have the responsibility of logging into the Domain Manager portion of your members area for that domain name and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will expire and you will no longer have use of that name.

All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains. Domain name renewals will be non-refundable. If for any reason TeqporteCloud is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.

For ccTLD .dk you must renew no later than 41 days prior to the expiration date, or your domain name will be placed in non-renewal status. For ccTLD .cz you must renew no later than 33 days, .de – 5 days(*), .ch and .fr – 3 days prior to the expiration date or your domain name will be placed in Redemption Grace Period (RGP) status. When the domain name is in Redemption Grace Period status, you can renew the domain name only by contacting TeqporteCloud via support ticket and requesting that the domain name be restored and renewed. You cannot renew the domain name in RGP status through your Domain Manager. If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that name. (*)A .DE domain name registered after 2016-07-18 will Expire on the 5th last day of the Expiry month, upon Registration, Renewal or Transfer. For example, if yourdomain.de is registered on January 1, 2011, it’s Expiry Date becomes January 27, 2012 as the Registration term is 1 year and the 5th last day of January 2012 is January 27. .DE domain names should be Renewed prior to their Expiry date. Upon Expiry of a .DE domain name: 1) you will no longer be able to manage your .DE domain name with LogicBoxes, and 2) your .DE domain name will be transferred directly under the .DE Registry (DENIC) and you will receive instructions from DENIC for managing your domain name with them.

You agree that TeqporteCloud will not be responsible for cancelled domain names that you fail to renew, either automatically or manually in the timeframes indicated in this Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for privacy services, or any other similar service, with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance.

If you fail to renew your domain name in the timeframes indicated in this Agreement, your domain name will be placed on Hold and flagged for deletion. You will then have a 30-day Redemption Grace Period during which you may pay TeqporteCloud a Redemption fee and redeem your domain name. The redemption fee of the most domains currently is $80.00 USD + Renewal Fee + VAT (.com.co 180 USD + Renewal Fee + VAT, .frl 150 USD + Renewal Fee + VAT, .store 120 USD + Renewal Fee + VAT, .ws 120 USD + Renewal Fee + VAT) and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the Registry’s Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis. For certain ccTLDs (.ru, .dk, .hu, .nu, .pl and .se) there is no Redemption Grace Period.

Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event there is a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall control.

(C) FREE PRODUCT TERMS

In the event you are provided with free products with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event the domain name is deleted or cancelled. For free domain names, you acknowledge and agree that you may not change the account associated with such free domain for the first five (5) days after registration. In the event a free domain name is offered with the registration of another domain and if the paid domain name registered fails, then we may, in its sole discretion, either delete the registration of the free domain or refund the difference between the amount paid and the value of the free domain. Failed registrations associated with promotional offers may result in the deletion of the free or discounted item or an adjustment between the registered domain price and the value of the discounted item, in our sole discretion.

4. TERM OF AGREEMENT; TRANSFERS; DOMAIN TASTING

The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through TeqporteCloud You agree that you will not transfer any domain name registered through TeqporteCloud to another domain name registrar during the first sixty (60) days after its initial registration date. You further agree that you will not engage in “domain tasting” by using the five (5) day grace period in which a registrant may choose to cancel a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name. If TeqporteCloud determines (which determination shall be made by TeqporteCloud in its sole and absolute discretion) that you have been engaging in “domain tasting”, then TeqporteCloud reserves the right to (a) charge you a small fee (which fee shall be deducted from any refund issued) or (b) refuse your cancellation/refund request altogether. TeqporteCloud will not charge you a fee if TeqporteCloud cancels your domain name during the five (5) day grace period due to fraud or other activity outside of your control. You agree that TeqporteCloud shall not be bound by (i) any representations made by third parties who you may use to purchase services from TeqqporteCloud or (ii) any statements of a general nature, which may be posted on TeqporteCloud’s website or contained in TeqporteCloud’s promotional materials.

5. UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION

You agree to notify TeqporteCloud within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide TeqporteCloud with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by TeqporteCloud to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. You agree to retain a copy for your record of the receipt for purchase of your domain name. You agree that for each domain name registered by you, the following contact data is required: postal address, email address and a telephone number for the Registered Name Holder and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact. You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator, for their use, copying, distribution, publication, modification and other processing for (among other uses in accordance with our Privacy Policy) the purpose of administration of the domain name registration, which may require such information be transferred back and forth across international borders, to and from the U.S. to the EU, for example. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both TeqporteCloud and the registry operator may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party’s consent to such disclosure. Registrar will not process data in a way that is incompatible with this Agreement. Registrar will take reasonable precautions to protect data from loss or misuse. You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

The domain name;

Your name and postal address;

The name, email address, postal address, voice and fax numbers for technical and administrative contacts;

The Internet protocol numbers for the primary and secondary name servers;

The corresponding names of the name servers; and

The original date of registration and expiration date.

Name of primary name server and secondary name server.

Identity of the registrar.

You agree that, to the extent permitted by ICANN, TeqporteCloud may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you’ve obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide. In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name:

The domain or sub-domain name(s) registered by you;

Your organization name, type and postal address;

The name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s);

The full hostnames and Internet protocol (IP) addresses of at least two (2) name server hosts (one primary and at least one secondary) for your domain or sub-domain name. If a host has more than one (1) IP address, use a comma-separated list;

The corresponding names of those name servers;

The original creation date of the registration; and

The expiration date of the registration.

We may be required to make this information available in bulk form to third parties.

6. DISPUTE RESOLUTION POLICY

You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that TeqqporteCloud may from time to time modify its Dispute Resolution Policy. TeqporteCloud will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. You agree that by maintaining your domain name registrations with TeqporteCloud after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review TeqporteCloud’s website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your Services with TeqporteCloud as a result of the modified Dispute Resolution policy, no fees will be refunded to you. You also agree to submit to proceedings commenced under ICANN’s Uniform Rapid Suspension System, if applicable. You agree that if a dispute arises as a result of one (1) or more domain names you have registered using TeqporteCloud you will indemnify, defend and hold TeqporteCloud harmless as provided for in this Agreement. You also agree that if TeqporteCloud is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using TeqporteCloud that TeqporteCloud in its sole discretion, may take whatever action TeqporteCloud deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold TeqporteCloud harmless for any action taken by TeqporteCloud You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where registrar is located or (3) where the registry operator is located (e.g., UK for .EU, etc.). In the case of .ca domain names, you agree that, if your use of the service or the registration of a .ca domain name is challenged by a third party, you will be subject to the provisions specified by CIRA in their dispute resolution policy, in effect at the time of the dispute.

7. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES

If you transfer any domain name, you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Name Transfer Agreement. You may view the latest version of our Domain Name Transfer Agreement online. In the event you are purchasing a domain name on behalf of a third party, you agree to inform any customer of yours, who may be acquiring a domain name through you using TeqporteCloud’s registration services, that they are in fact registering their domain name through you. You agree not to represent that you are an ICANN-accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your website. You agree to obtain each of your customers’ acceptances to the then current version of this Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customers accept additional terms and conditions that are not required by TeqporteCloud you agree that such additional terms and conditions shall not conflict with this Agreement and the policies and procedures adopted by ICANN. You agree that TeqporteCloud is not lending you access to its registrar connections or its registry access, nor will you be deemed to be a registrar in your own right. Furthermore, you agree you will not attempt to gain access to TeqporteCloud’s registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database. You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within five (5) business days, provide such information to TeqporteCloud so TeqporteCloud may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide TeqporteCloud copies of same.

8. YOUR OBLIGATIONS; SUSPENSION OF SERVICES; BREACH OF AGREEMENT

You represent and warrant to the best of your knowledge that, neither the registration of the domain nor the manner it is directly or indirectly used, infringes the legal rights of any third party. You will comply with all applicable laws, including, but not limited to those relating to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, and disclosure of data and financial disclosures. If you collect and maintain sensitive health and financial data, you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. You represent that you possess any necessary authorization, charter, license, and/or other related credential for participation in the sector associated with the associated registry tld string. You will report any material changes to the validity of your authorization, charter, license, and/or other related credential. You will indemnify and hold harmless the registrar and registry operator, and their directors, officers, employees and agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration. You agree that, in addition to other events set forth in this Agreement:

You acknowledge and agree that  registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either TeqporteCloud or the registry: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by registry or any registrar in connection with a domain name registration, (iii) for the non-payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement, (vii) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees, (viii) per the terms of this Agreement, (ix) following an occurrence of any of the prohibited activities described in Section 8 below, or (x) during the resolution of a dispute. You agree that your failure to comply completely with the terms and conditions of this Agreement and any TeqporteCloud rule or policy may be considered by TeqporteCloud to be a material breach of this Agreement and TeqporteCloud may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide TeqporteCloud with material evidence that you have not breached your obligations to TeqporteCloud within ten (10) business days, TeqporteCloud may terminate its relationship with you and take any remedial action available to TeqporteCloud under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, cancelling the registration of any of your domain names and discontinuing any services provided by TeqporteCloud to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach. TeqporteCloud’s failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

9. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You agree not to use the services provided by TeqporteCloud to allow or enable others, to use the services provided by TeqporteCloud for the purposes of:

You acknowledge and agree that you are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and you acknowledge and agree that the consequences for such activities include suspension of the domain name. If you are hosting your domain name system (“DNS”) on TeqporteCloud’s servers, or are using our systems to forward a domain name, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with TeqporteCloud you are responsible for ensuring there is no excessive overloading on TeqporteCloud’s servers. You may not use TeqporteCloud’s servers and your domain name as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that TeqporteCloud reserves the right to deactivate your domain name from its DNS if TeqporteCloud deems it is the recipient of activities caused by your site that threaten the stability of its network. You agree that TeqporteCloud in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. TeqporteCloud also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. TeqporteCloud may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by TeqporteCloud in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to:

In the event TeqporteCloud refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to TeqporteCloud in connection with the registration either being cancelled or refused. In the event TeqporteCloud deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

10. DOMAIN ADD-ONS

DNS Management. Total DNS is a complete Domain Name System (“DNS”) tool that allows you to manage your DNS and keep your website and web-based applications available and performing reliably. The service is provided “as is”, “as available”, and “with all faults”, and we assume no liability or responsibility regarding the same.

In addition, you specifically acknowledge and agree that we shall have no liability or responsibility for any:

Subject to the provisions of Force Majeure below, we offer a service uptime guarantee (“Service Uptime Guarantee”) for paid services of 99.9% availability (defined below). You shall receive service credits for any Outage (defined below) of the service covered by the Service Uptime Guarantee. The service credits shall be applied as extensions to the terms of the affected Service. The Service Uptime Guarantee shall become effective fourteen (14) days after your purchase of the Service covered by the Service Uptime Guarantee to allow both parties time to properly configure and test the Service.

Definitions. For the purposes of the Service Uptime Guarantee, the following definitions shall apply:

Exclusions. For the purposes of the Service Uptime Guarantee, downtime due to the following events shall not be considered an Outage:

We, in our sole and absolute discretion, shall determine whether an event shall be considered an Outage. Remedies. For the purposes of the Service Uptime Guarantee, when the customer becomes aware of an Outage, the customer shall open a ticket with our technical support services within five (5) calendar days of the Outage. If we determine that an Outage did occur, then the customer shall receive a service credit in the amount of two (2) months for any affected Services. The service credit shall be applied as an extension to the term of the affected Services. A customer’s Account shall not be credited more than once per month under the Service Uptime Guarantee. To qualify for a service credit, you must have a current and valid subscription to the Services affected, and must have an Account in good standing with us. Service credits will not apply to any charges or Services other than the Services for which the Service Uptime Guarantee was not met. Customers with subscriptions for more than one Service will not receive credits for unaffected Services. The remedies set forth herein shall be the sole and exclusive remedies if we do not meet the Service Uptime Guarantee. In the event either party is unable to carry out its material obligations under this Agreement by reason of Force Majeure those obligations will be suspended during the continuance of the Force Majeure, provided the cause of the Force Majeure is remedied as quickly as practicable. The term “Force Majeure” means any event caused by occurrences beyond a party’s reasonable control, including, but not limited to, acts of God, fire or flood, war, terrorism, governmental regulations, policies or actions enacted or taken subsequent to execution of this Agreement, or any labor, telecommunications or other utility shortage, outage or curtailment. We prohibit the running of a public recursive DNS service on any server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public recursive DNS services and reserves the right to remove any servers from the network that violate this restriction.

11. PROVISIONS SPECIFIC TO .BIZ REGISTRATIONS

Domain Name Dispute Policy. If you reserved or registered a .BIZ domain name through us, in addition to our Dispute Resolution Policy, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the Restrictions Dispute Resolution Policy applicable to the .biz TLD. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case basis by an independent ICANN-accredited dispute provider. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes. One Year Registration. If you are registering a .BIZ domain name and you elect to take advantage of special pricing applicable to one-year registrations, we will automatically renew your domain name for an additional one-year period at the end of the first year term by taking payment from the Payment Method you have on file, unless you notify us that you do not wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to your domain name expiration date. In the event you decide not to renew your one-year .BIZ domain name for a second year, your domain name registration will automatically revert back to us and we will gain full rights of registration to such domain name. You agree that if you delete or transfer your .BIZ domain name during the first year, you will automatically be charged the second year renewal fees.

12. PROVISIONS SPECIFIC TO .INFO REGISTRATIONS

One Year Registration: If you are registering a .INFO domain name and you elect to take advantage of special pricing applicable to one-year registrations, we will automatically renew your domain name for an additional one-year period at the end of the first year term by taking payment from the Payment Method you have on file, unless you notify us that you do not wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to your domain name expiration date. In the event you decide not to renew your one-year .INFO domain name for a second year, your domain name registration will automatically revert back to us and we will gain full rights of registration to such domain name. You agree that if you delete or transfer your .INFO domain name during the first year, you will automatically be charged the second year renewal fees.

13. PROVISIONS SPECIFIC TO .NAME REGISTRATIONS

Defensive Registration: A Defensive Registration is a registration designed for the protection of trademarks and service marks and may be granted to prevent a third party from registering a variation of a trademark or the exact trademark. If the name you wish to register is subject to a Defensive Registration, you have three (3) options: (i) you may register a variation of the name, (ii) you may challenge the Defensive Registration under the Eligibility Requirements Dispute Resolution Policy, or (iii) you may request Consent from the Defensive Registrant. You can request Consent by contacting the Defensive Registrant listed in the GNR Whois database and requesting consent to register the .NAME domain name. If the Defensive Registrant grants consent, they must confirm in writing that they grant consent. If the Defensive Registrant does not grant consent, you may wish to challenge the Defensive Registration under the ERDRP. Acceptable Use Policy. You agree to be bound by the .NAME Acceptable Use Policy, which is hereby incorporated by reference. Among other limitations, this policy prohibits you from using your .NAME Email to engage in Spamming activities. You will be limited to a maximum of five hundred (500) messages sent from your .NAME at a time.

14. COUNTRY CODE TOP LEVEL DOMAINS

You represent and warrant that you meet the eligibility requirements of each ccTLD you apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular country’s laws.

15. PROVISIONS SPECIFIC TO .CN REGISTRATIONS

.CN is a restricted TLD – applications are subject to both a domain name check and real name verification as required by the People’s Republic of China. Registrations in .CN are therefore subject to the following additional terms:

Verification, Registration and Activation. If a domain name is not permitted to be registered by the Chinese government, as determined by us, the Registry Operator or a 3rd party provider utilized for such services and determinations, in either party’s discretion, the application for registration will not be successful. In such event, the name will be deleted and you will be eligible for a refund as further described below. If permitted, then the Registration may proceed. However, a .CN domain name may not be activated (i.e., it will not resolve in the Internet) unless and until you have submitted (via the process described during registration) valid documents required of us to perform real name verification. The following are acceptable forms of documents for the purpose of verification: valid resident. ID, temporary resident ID, business license or organization code certificate from China, a valid driver’s license, passport or business license from Hong Kong, Singapore or Taiwan OR a valid driver’s license or passport from Australia, Canada, or the United States. Documents submitted to us are used solely for the purpose of real name verification, and are stored in the U.S. and are otherwise subject to our Privacy Policy. Refunds. Refunds for .CN Registrations will only be allowed where (i) registration of the applied for domain name is not permitted by the Chinese government; or (ii) you notify us of your intent to cancel for any reason within the first five (5) days after the Registration (i.e., after it is deemed permissible by the Chinese government). For the avoidance of doubt, refunds will not be permitted under any circumstances after five (5) days from the date of Registration, including, for example, in the event real name verification is not successful or if the Chinese government determines after Registration that the domain name should not have been registered (and directs us to delete).

16. PROVISIONS SPECIFIC TO OTHER REGISTRATIONS

For ccTLDs not mentioned in this agreement, another registration agreement applies.

  1. Your ability to use any of the services provided by TeqporteCloud is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN;
  2. Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any Gara procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by TeqporteCloud or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name.
  3. The transmission of unsolicited email (Spam); and
  4. Repetitive, high volume inquiries into any of the services provided by TeqporteCloud (i.e. domain name availability, etc.).
  5. Activities prohibited by the laws of the EU and/or foreign territories in which you conduct business;
  6. Activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; and
  7. Activities designed to harm or use unethically minors in any way.
  8. Service interruptions caused by periodic maintenance, repairs or replacements of the Global Nameserver Infrastructure (defined below) that we may undertake from time to time;
  9. Service interruptions caused by you from custom scripting, coding, programming or configurations;
  10. Service interruptions caused by you from the installation of third-party applications;
  11. Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website, including but not limited to, changes via mechanisms such as file transfer protocol (“FTP”) and email; or
  12. Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
  13. “Global Nameserver Infrastructure”: The group of systems (servers, hardware, and associated software) that are responsible for delivering the Services. The Global Nameserver Infrastructure does not include web-based user interfaces, zone transfer mechanisms, update systems, or other customer-accessible data access or manipulation methods.
  14. “99.9% availability”: A guarantee that the Global Nameserver Infrastructure shall be available to respond to DNS queries 99.9% of the time.
  15. “Outage”: A period in which the Global Nameserver Infrastructure did not maintain 99.9% availability.
  16. Service interruptions caused by “Regularly Scheduled Maintenance”;
  17. Service interruptions caused by you from custom scripting, coding, programming or configurations;
  18. Service interruptions caused by you from the installation of third-party applications;
  19. Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website, including but not limited to, changes via mechanisms such as file transfer protocol (“FTP”) and email; or
  20. Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

CHANGE OF REGISTRANT AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Change of Registrant Agreement (this “Agreement”) is entered into by and between Teqporte Cloud Technologies Limited, a Nigerian private limited company (“TeqporteCloud”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of TeqporteCloud’s Change of Registrant services (the “Services”) to transfer a registered domain name from a current registrant (the “Current Registrant”) to a new registrant (the “New Registrant”), and applies to both the Current Registrant and the New Registrant. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with TeqporteCloud’s Terms Of Service Agreement, Domain Name Registration Agreement, and Uniform Domain Name Dispute Resolution Policy, which are incorporated herein by reference. The terms “we”, “us” or “our” shall refer to TeqporteCloud. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. TeqporteCloud, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the TeqorteCloud website (this “Site”). You acknowledge and agree that (i) TeqporteCloud may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, TeqporteCloud may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. TeqporteCloud assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

You acknowledge and agree that TeqporteCloud may modify this Agreement in order to comply with its agreement with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the top level domain (“TLD”) or country code top level domain (“ccTLD”) in question. As used herein, the terms “registry”, “Registry”, “registry operator” or “Registry Operator” shall refer to the registry applicable to the TLD or ccTLD in question.

2. THE CHANGE OF REGISTRANT PROCESS; TEQPORTECLOUD‘S ROLE

The Current Registrant and the New Registrant both agree they are entering into this Agreement of their own free will. The Current Registrant and the New Registrant acknowledge and agree TeqporteCloud’s sole role in connection with this Agreement is as processor of the transfer of the registration for the domain name and TeqporteCloud’s only responsibility under this Agreement will be to process the electronic transfer of the registration for the domain name. The Current Registrant and the New Registrant assume full responsibility for the legal validity of the transfer of the domain name. Once the Current Registrant initiates the change of registrant request, TeqporteCloud will send a confirmation email to the New Registrant. You acknowledge and agree the New Registrant must log into its account and confirm the terms of the change of registrant transaction within ten (10) days of receipt of the confirmation email. In the event the New Registrant fails to confirm the terms of the change of registrant transaction within such ten (10) day period, you acknowledge and agree the transfer will not occur and both the transaction ID and the security code for the transfer shall expire, requiring the Current Registrant to begin the process anew. Upon completion of the change of registrant transaction, TeqporteCloud will send an email to the Current Registrant confirming the change of registrant contemplated by this Agreement. If the Current Registrant has any objection to the change of registrant whatsoever, the Current Registrant assumes all responsibility for responding to such email and notifying TeqporteCloud of any objection within fifteen (15) days of receipt of the email. The Current Registrant agrees to release, indemnify and hold TeqporteCloud harmless for any issues that arise as a result of an improper change of registrant, whether intentionally or unintentionally initiated, whether by the Current Registrant or others acting on its behalf.

Please note the following:

By entering into a change of registrant transaction, you acknowledge and agree that the domain name may not be transferred to another domain name registrar within sixty (60) days after the completion of the change of registrant transaction (the “Transfer Prohibition Period”). Therefore, if either the Current Registrant or the New Registrant anticipate the need to transfer the domain name to another domain name registrar within sixty (60) days after completion of the change of registrant transaction, the Current Registrant and the New Registrant should make arrangements to transfer the domain name to the new domain name registrar first, and make any necessary changes to the domain name registrant second.

In addition, in the event the domain name is subject to a subsequent change of registrant transaction within the Transfer Prohibition Period, the Transfer Prohibition Period will begin again upon completion of the subsequent change of registrant transaction.

3. REPRESENTATIONS AND WARRANTIES OF THE CURRENT REGISTRANT AND THE NEW REGISTRANT

The individuals who electronically accept this Agreement on behalf of the Current Registrant and the New Registrant hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement on behalf of the Current Registrant and the New Registrant, respectively, and that they have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement.

4. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

5. RELEASE AND DISCHARGE

The Current Registrant acknowledges entering into TeqporteCloud’s Terms of Service Agreement, Domain Name Registration Agreement, Uniform Domain Name Dispute Resolution Policy, and related documents associated with the domain name (collectively, the “Registration Agreements”). The Current Registrant (i) acknowledges and agrees that it is not entitled to receive any refunds and is not owed any monies in connection with the Registration Agreements, and (ii) hereby releases and discharges TeqporteCloud from any and all liabilities and obligations to the Current Registrant in connection with the Registration Agreements.

6. LIMITATIONS ON TEQPORTECLOUD ’S LIABILITY TO THE NEW REGISTRANT

The New Registrant assumes full and complete responsibility, and acknowledges and agrees TEQPORTECLOUD shall have no liability, for:

  • The Current Registrant’s actual registration of the domain name.
  • The Current Registrant’s legal right and ability to transfer registration of the domain name to the New Registrant.
  • Any and all situations existing prior to this Agreement or that may arise which cause the transfer of registration of the domain name to the New Registrant to either be delayed or not take place.
  • The validity and/or enforceability of the New Registrant’s entitlement to the registration of the domain name when the transfer is consummated.

7. ADDITIONAL LIMITATIONS ON TEQPORTECLOUD ‘S LIABILITY

IN ADDITION TO THE LIMITATIONS OF LIABILITY PROVIDED IN THE TERMS OF SERVICE AGREEMENT, BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE TEQPORTECLOUD SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR (A) SUSPENSION, LOSS, OR MODIFICATION OF THE DOMAIN NAME REGISTRATION, REGARDLESS OF THE ACTIONS OF ANY PARTY TO THIS AGREEMENT, (B) USE OF THE DOMAIN NAME REGISTRATION, OR THE INABILITY TO USE OR BENEFIT FROM THE DOMAIN NAME REGISTRATION, BY ANY PARTY TO THIS AGREEMENT, (C) INTERRUPTION OF BUSINESS OF EITHER THE CURRENT REGISTRANT OR THE NEW REGISTRANT, (D) ACCESS DELAYS OR INTERRUPTIONS OF ACCESS TO TEQPORTECLOUD’S WEBSITE OR TO ANY OTHER WEBSITES, (E) THE NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION OF DATA, (F) THE PROCESSING OF THIS APPLICATION OR ANY OTHER APPLICATION FOR SERVICE OR REQUEST FOR SERVICE FROM TEQPORTECLOUD, OR (G) APPLICATION OF ANY DISPUTE POLICY OR THE POLICIES AND PROCEDURES AS ADOPTED BY ICANN, ICANN’S SUCCESSORS OR ANY OTHER REGULATORY BODY.

8. ATTORNEY’S FEES

In the event of any dispute arising out of this Agreement, the prevailing party shall be paid its reasonable court costs and attorney fees.

9. PROVISIONS SPECIFIC TO .US REGISTRATIONS

You, the Registrant, shall indemnify and hold harmless NeuStar, the .US Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) .US domain name registration and (ii) use of any .US registered domain name. The New Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.

Registrants must be either:

  • A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or;
  • An entity or organization that is (i) incorporated within one (1) of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions (including a federal, state, or local government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States), or;
  • A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the United States, or (ii) maintains an office or other property within the United States.
  • The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.

The New Registrant further certifies that TeqporteCloud has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willingly volunteered such information. The New Registrant understands and agrees that such information will be verified and will be shared with the .US Registry. The New Registrant understands and agrees that if such information cannot be verified, or if the New Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

10. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

11. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

DOMAIN NAME TRANSFER AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Domain Name Transfer Agreement (this “Agreement”) is entered into by and between Novatia Consulting Limited, a Nigerian private limited company (“TeqporteCloud”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of TeqporteCloud’s Domain Name Transfer services (the “Services”) to transfer a registered domain name from another domain name registrar to TeqporteClourd. Your use of this site,the service and/or electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with TeqporteCloud’s Terms Of Service Agreement, Domain Name Registration Agreement, and Uniform Domain Name Dispute Resolution Policy, which are incorporated herein by reference. The terms “we”, “us” or “our” shall refer to TeqporteCloud. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

TeqporteCloud, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the TeqporteCloud website (this “Site”). You acknowledge and agree that (i) TeqporteCloud may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, TeqporteCloud may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. TeqporteCould assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

You acknowledge and agree that TeqporteCloud may modify this Agreement in order to comply with its agreement with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the top level domain (“TLD”) or country code top level domain (“ccTLD”) in question. As used herein, the terms “registry”, “Registry”, “registry operator” or “Registry Operator” shall refer to the registry applicable to the TLD or ccTLD in question. To identify the sponsoring registrar, click here. This Agreement will be effective upon acceptance of the Registration and Transfer agreements in Step 3 of the Online Transfer Application process.

2. TRANSFER PROCESS FOR ALL DOMAIN NAMES

A. Steps for Transferring Your Domain Name Registration

NOTE: Once the transfer is complete, you will be able to RENEW, MODIFY DNS, and perform other functions by logging into your Client Area. Complete all required information requested through the online transfer application, i.e. contact information, nameserver information, etc. Proceed through to the shopping cart and pay for your transfer(s). Update your Administrative Contact’s email address at your current registrar. We will be contacting the Administrative Contact’s email address for transfer approval. The transfer will only be initiated upon approval from your Administrative Contact. Once initiated, a transfer will be accepted or denied by the losing registrar within five (5) days.

B. Failed or Rejected Transfer Requests

TeqporteCloud may elect to accept or reject your domain name transfer application for any reason at its sole discretion. Rejections may include, but are not limited to:

The current Registrar rejected the transfer;

The original registration took place less than sixty (60) days prior to the transfer request;

The domain name has been placed in a locked status by either the Registry or by the losing registrar;

The domain was transferred to TeqporteCloud less than sixty (60) days prior to the transfer request;

The domain name expired but was not renewed;

The domain name expired and was renewed during the forty-five (45) day grace period and the forty-five (45) day grace period has not yet passed;

The Domain Name Registrant was changed less than sixty (60) days prior to the transfer request;

There was a Change of Account less than ten (10) days prior to the transfer request;

Any pending bankruptcy of the current domain name holder;

Any dispute over the identity of the domain name holder;

Any situation described in the Dispute Policy; or

Transfer orders over thirty (30) days old.

C. Terms for Transferring Domain Names

Upon successful transfer, you shall remain the registrant of the domain name and TeqporteCloud shall become the registrar of record. Your registration will be automatically extended by one (1) year when available by the domain name registry (please see the product disclaimers located on this Site for any applicable exceptions). Domain name registration transfers may only be initiated once acceptance of this Agreement is recorded, payment is made and the Administrative contact has responded positively to our email message asking for Permission to Transfer. The email message asking for Permission to Transfer will be sent to the Domain Name(s) Administrative Contact as identified in the previous Registrar’s WHO-IS database. You agree to retain a copy for your own records of the receipt for purchase of your domain name. The Administrative Contact will be acting on behalf of the Registrant and has legal authority to initiate this transfer request. You are responsible for updating the Administrative Contact’s email as identified in the previous Registrar’s WHO-IS database.

D. Transfers of Recently Renewed Domain Names

You understand that if you are transferring a domain name that has been recently renewed, there is the potential the renewal year will be lost. The renewal year will be lost if: (i) the domain name was renewed during the forty-five (45) day grace period after the expiration date had passed; and (ii) forty-five (45) days have not yet passed since that expiration date. You understand and agree that TeqporteCloud is not responsible for this lost year and that TeqporteCloud will not credit that year to your domain. You will need to review the registration agreement you have with your previous registrar to determine if you are due a refund or credit for the lost year. Please contact your previous registrar if you have any questions about the lost year. You understand and agree that TeqporteCloud will not intervene in the recovery of any such lost registration years that occur during the transfer of your domain name.

E. Data for Domain Transfer

You understand this is a request for a domain name transfer of registrars. By acceptance of this Agreement, you are requesting the domain name registration be transferred from the current registrar to TeqporteCloud. As the current authorized Registrant of the domain name(s), you agree to authorize this transfer by notifying your Administrative contact of his/her responsibilities with respect to this transfer. You acknowledge that you and TeqporteClooud have entered into a Domain Name Registration Agreement. You have read, understood, and agree to be legally bound by the agreements that govern all domain names registered through TeqporteCloud as found on the legal agreements page, including the Domain Name Registration Agreement; the ICANN Rules for Uniform Domain Name Dispute Resolution Policy; this Agreement; any TeqporteCloud policies and procedures that are or may be published from time to time by TeqporteCloud, ICANN, and/or the Registry Administrator chosen by ICANN.

3. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

4. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Terms of Service Agreement, the provisions of this Agreement shall control.

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