McReal™ - Top-End Web Hosting Service in Nigeria

TERMS & CONDITIONS

McReal Online Networks Systems Limited provides domain registration, web hosting, web design, as well as other ancillary services to many customers, and accordingly has a responsibility to protect each ccustomer and to provide the best services available.

The following policy have therefore been designed to ensure these obligations are met.

1. Interpretation

In this Service Agreement:

"Authorized User" means anyone the Customer allows to use the Service.

"Customer" means the person or party named on the online or offline registration and anyone reasonably appearing to McReal Online Networks Systems Limited to be acting with that person's or party's authority or permission.

"Internet" means the global data network comprising interconnected networks using the TCP/IP protocol suite.

"Contract" means, in order of precedence, this Service Agreement and the Service provided.

"Service" means the domain name registration service, the web hosting service, the e-mail service, and any other related or ancillary services provided by McReal Online Networks Systems Limited.

2. Duration

This Contract begins on the date that the Customer completes either the on-line or off-line registration process relating to the provision of the Service and will continue until terminated in accordance with terms of this Service Agreement.

3. Provision of the Service

3.1 McReal Online Networks Systems Limited will provide the Customer with the Service on the terms of this Service Agreement.

3.2 McReal Online Networks Systems Limited will use reasonable endeavors to provide the Service by any date agreed with the Customer but all dates are estimates and McReal Online Networks Systems Limited has no liability for any failure to meet any date.

3.3 McReal Online Networks Systems Limited will provide the Service with the reasonable skill and care of a competent provider of services which are the same or similar to the Service.

3.4 It is technically impracticable to provide a fault-free Service and McReal Online Networks Systems Limited does not undertake to do so. McReal Online Networks Systems Limited will however use its best efforts to procure the repair of any reported faults as soon as it reasonably can.

3.5 Occasionally McReal Online Networks Systems Limited may:

(a) change the technical specification of the Service;
(b) suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency.

3.6 The Customer is responsible for providing suitable computer hardware, software and telecommunications equipment and services necessary to access and use the Service. This Contract does not include the provision of telecommunications services necessary to connect to the Service or to obtain access to the Internet.

3.7 The Customer is responsible for the acts and omissions of all Authorized Users in connection with the Service and is liable for any failure by any Authorized User to perform or observe the terms and conditions of this Contract.

4. Accuracy & Confidentiality of Information:

4.1 The Customer warrants that information supplied by the customer upon registration for the service is accurate and the customer must immediately inform McReal Online Networks Systems Limited of any changes to the information the Customer supplied when registering for the Service.

4.2 McReal Online Networks Systems Limited will keep in confidence any information provided to it by the Customer when registering for the Service or otherwise under this Contract and will not disclose that information to any person (other than its employees, contractors, or professional advisers, or the employees or contractors of a McReal Online Networks Systems Limited Group Company who need to know the information) without the Customer's consent.

4.3 This paragraph will not apply to:

any information which has been published other than through a breach of this Contract;
information lawfully in the possession of the recipient before the disclosure under this Contract took place;
information obtained from a third party who is free to disclose it;
information which a party is requested to disclose and if it did not could be required by law to do so; or
information which has been reduced by McReal Online Networks Systems Limited to anonymous, non-personal form before disclosure.

4.4 Furthermore, McReal Online Networks Systems Limited reserves the right to disclose the name, address and other contact details of the Customer upon reasonable request in writing from any law enforcement agency and/or third party (or solicitors acting on behalf of either of the foregoing), where it reasonably appears to McReal Online Networks Systems Limited that such information is required by such party to establish, exercise or defend legal rights included, without limitation, for the purpose of or in connection with actual or prospective legal proceedings or obtaining legal advice.

5. Acceptable Use of the Service

5.1 The Service provided by McReal Online Networks Systems Limited may be used for lawful purposes only.

Illegality includes but is not limited to:

drug dealing;
attempting without authorization to access a computer system;
pirating (distributing copyrighted material in violation of copyright law);
gambling;
schemes to defraud;
trafficking in obscene material;
sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person;
threatening bodily harm or damage to individuals or groups;
stalking;
or violating other laws or statutes.

5.2 Linking to illegal material is also prohibited. McReal Online Networks Systems Limited reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

5.3 The Service must not be used by the Customer or any Authorized User:

fraudulently, in connection with a criminal offence, or otherwise unlawfully;
to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing;
to cause annoyance, inconvenience or needless anxiety;
to send, receive, upload, download, use or re-use any pornographic content and sex-related merchandising
to send, receive, upload, download, use or re-use any material in breach of confidence, copyright, trademark, service mark, patent, privacy or any other rights;
to transmit knowingly or recklessly any electronic material (including viruses) which shall cause or is likely to cause detriment or harm, in any degree, to McReal Online Networks Systems Limited or other Internet users;
to publish materials inconsistent with the Christian faith. McReal Online Networks Systems Limited shall decide what constitutes inconsistent materials.
to send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the Service by any third party; or
other than in accordance with the acceptable use policies of any connected networks.

5.4 All pornographic content and sex-related merchandising is prohibited on all McReal Online Networks Systems Limited servers. This includes sites that may infer sexual content or links to adult content elsewhere.

5.5 Also prohibited from McReal Online Networks Systems Limited web servers are websites that promote any illegal activity or present content that may be damaging to McReal Online Networks Systems Limited servers or any other server on the Internet. Links to such materials are also prohibited.

5.6 The Service of a Customer that is found to be in violation of these conditions will be terminated immediately, without prior notice or refund. McReal Online Networks Systems Limited will be the sole arbiter as to what constitutes a violation of this provision.

5.7 The Customer agrees to indemnify and hold harmless McReal Online Networks Systems Limited from any claims resulting from the use of the Service which resulted in damages to the Customer, McReal Online Networks Systems Limited, or any other party.

6. OWNERSHIP OF YOUR ACCOUNT

6.1. Your contact information is set out in the 'My Details' section in the Client Portal.

6.2. If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith, and indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to End User and result in any claim against us.

6.3. For avoidance of doubt, the individual or entity set out in the Account Owner Information 'My Details' section of the Client Portal is considered by us to be the owner of the account and all associated services except Third party services purchased through McReal Online Networks Systems Limited that are subject to additional terms and conditions. The individual or entity paying for the Services is not considered to be the owner. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

7. Payment Policies

7.1. You are responsible for the Fees set out on the Order. All Fees are in Nigerian Naira (or agreed equivalent).

7.2. Invoices are due immediately upon receipt, except as indicated on the related invoice. Fees must be paid without deduction or set-off. McReal Online Networks Systems Limited reserve the right to suspend the Services until payment is made.

7.3. All fees listed on our website are net of applicable taxes. You are responsible for all taxes and fees levied on the Service.

7.4. Our obligation to provide the Service is contingent on your payment of the Fees by the Due Date. You must pay the Fees without set off or deduction. It is your responsibility to ensure that McReal Online Networks Systems Limited receive payment of the Fees. Should the Service be suspended, for any reason, Fees will continue to accrue. Set up and domain name registration charges are not refundable for any reason.

7.5. McReal Online Networks Systems Limited often offer special promotions (Special Promotions). These promotions have specific terms, and generally do not apply to current customers. They do not apply to renewal terms except when expressly stated in the special promotion terms. If you Terminate the Services to which a Special Promotion was applied, the discount, or other benefit provided by the Special Promotion will be removed, and your account will be rebilled as if it had been set up without the Special Promotion. If this results in additional Fees, you will be charged for those Fees.

7.6 30 Day Money Back Guarantee - McReal Online Networks Systems Limited shall give the Customer a refund of the payment made for a web hosting service (excluding the registration cost of the related domain name at McReal Online Networks Systems Limited going rate for domain name registration) if the service is cancelled by the Customer within the first 30 days of service, in accordance with the terms of this Service Agreement. This policy shall apply to only service cancellation by the customer. If service is cancelled by McReal Online Networks Systems Limited due to violation of the terms of this Service Agreement by the Customer, no refund will be issued to the Customer. McReal Online Networks Systems Limited will only allow for the refund if cancellation is not the fault of the customer, as determined by McReal Online Networks Systems Limited.

8. Account Cancellation

8.1 The Customer may cancel the Service at anytime. To cancel the Service in accordance with the terms of this Service Agreement, the Customer must send a mail to support@mcreal.net requesting that the account be cancelled.

8.2 If the Customer has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Customer of any outstanding financial obligations.

8.3 All fees paid for service up to the notice of cancellation are non-refundable. If cancellation of web hosting service is made by Customer within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration.

8.4 Web hosting account and services are also deemed cancelled when the Customer changes or requests that DNS record of the relevant domain name be changed to point to other nameservers other than those specified by McReal Online Networks Systems Limited.

9. Unsolicited Commercial Email

9.1 The Customer may not use the Service to send unsolicited commercial email (or spamming as it is otherwise called). We react quickly and seriously to violations, and McReal Online Networks Systems Limited will be the sole arbiter as to what constitutes a violation of this provision.

9.2 Customers may not uploaded or install or cause to be uploaded or installed any script to a McReal Online Networks Systems Limited's machine that can be utilized for sending out bulk email.

9.3 Violation of these policies will result in immediate cancellation of the Service by McReal Online Networks Systems Limited, without notice to the Customer and no refund will be issued to the Customer, either.

10. Misuse of System Resources

10.1 Any attempt by a Customer using the Service to undermine or cause harm to the machine or another Customer of McReal Online Networks Systems Limited is strictly prohibited.

This includes, but is not limited to:

using programs that consume excessive CPU time;
allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account;
resale of disk space without an appropriate reseller agreement;
use of servers for backup of files unrelated to the web site of the account;
or resale or remote access to CGI scripts installed on our servers.

10.2 A Customer may not upload or install or cause to be uploaded or installed any IRC-related software on McReal Online Networks Systems Limited's machine.

This includes:

servers,
bots,
bouncers,
or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels.

10.3 Usage of more than 10% of system resources of a shared hosting server at any given time is a harmful burden and is completely unacceptable. Any account found in violation by using more than 10% of the system resources at any given time will be terminated from the system immediately without warning.

10.4 The provision of the Addon Domains feature on the hosting plans is subject to the feature being used to host websites belonging to a single party or organisation. This feature is not designed to be used as a replacement for a hosting reseller account or for hosting accounts belonging to different parties or organisations and should therefore not be used for any of these.

10.5 The provision of the unlimited disk space, email accounts or bandwdith in the features of the hosting plans are subject to the following:

All accounts must have valid, working websites, and not violate any previously subscribed terms.
Accounts are not for use of mass storage of files, audio, video, zip files, or similar.

Any account found to violate these terms may be suspended without notice until the account holder agrees to resolve the issue.

10.6 McReal Online Networks Systems Limited's offering of unlimited features in McReal Online Networks Systems Limited's shared hosting services is not intended to allow the actions of a single or few customers to unfairly or adversely impact the experience of other customers.

McReal Online Networks Systems Limited's shared hosting service means that multiple customers websites and mails are hosted from the same server and share server resources. McReal Online Networks Systems Limited's shared hosting service is designed to meet the typical needs of small business and home business website customers. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.

McReal Online Networks Systems Limited will be the sole arbiter as to what constitutes a large enterprise, or non-typical application or what customer hosting requirements are better suited to a dedicated server.

10.7 Violation of these policies will result in immediate cancellation of the Service by McReal Online Networks Systems Limited, without notice to the Customer and no refund will be issued to the Customer, either.

11. Refusal of Service:

11.1 McReal Online Networks Systems Limited reserve the right to refuse, cancel, suspend or terminate the Service to a Customer at McReal Online Networks Systems Limited's sole discretion. Accounts terminated due to policy violations will not be refunded.

11.2 All Customers of McReal Online Networks Systems Limited must adhere to the above policies. Notifications of violations of any of the above policies should be directed to abuse@mcreal.net.

11.3 Failure to follow any of the above terms or conditions will be grounds for immediate Service deactivation.

12. Customer Abuse

We have zero tolerance for abusive language and/or abusive behaviour towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.

13. Domain Name Registration.

13.1 In addition to this agreement, all domain name registrations and renewals are subject to the terms and conditions of any registrar McReal Online Networks Systems Limited may use to fulfill the Order and the rules and regulations of the relevant registrar. As a condition of this agreement, you agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. Details of these terms and conditions are available here:

ICANN Policy:
http://www.icann.org/dndr/udrp/policy.htm

OnlineNIc Domain Registration Agreement:
http://www.onlinenic.com/Policies/OnlineNIC-Domain-Registration-Agreement.htm

Directi Domain Registration agreement:
http://73168.supersite.myorderbox.com/content.php?action=show_agreements&requestfor=registraragreement&from=agree_page

Nigeria Internet Registration Association
http://www.nira.org.ng/index.php/nira-policies

13.2 You agree that we may, but are not obligated to, allow you to renew your domain name after its expiration date has passed. After expiration of the term of a domain name registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

After expiration of the term of domain name registration services, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that we shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which we may determine. You acknowledge and agree that expired domain name(s) may be made available to be registered or re-registered to any party at any time.

14 Cloud/Dedicated Servers:

14.1. The particular services you choose to be provided by us are set out in your Order, and described on our website. The features, access speeds and other items you have initially selected during your order are set out on your Sales Invoice.

14.2. Responsibilities - McReal Online Networks Systems Limited agree to sell to you the amount of bandwidth specified in your Order. Your use will be the only use of the server; however, McReal Online Networks Systems Limited will retain ownership of the server. McReal Online Networks Systems Limited will install the server in our Data Center. Any addition of hardware will require downtime of the Services.You are responsible for administering the server. If the server is damaged, it is your responsibility to make McReal Online Networks Systems Limited whole and pay for damage to server. You have the right to connect to our network, using the server, on a 24 x 7 basis, limited by this agreement. Access - You will have no physical but full administrative Secure Shell (SSH) access to the server.

14.3. Server Support - Support and maintenance of cloud/dedicated servers is provided at the discretion of McReal Online Networks Systems Limited and based on Managed Services subscribed to.

14.4. Scheduled Maintenance and Downtime - McReal Online Networks Systems Limited will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. You acknowledge that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades; or service malfunctions, and causes beyond McReal Online Networks Systems Limited's control or which are not reasonably foreseeable by McReal Online Networks Systems Limited, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. McReal Online Networks Systems Limited will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. McReal Online Networks Systems Limited has no responsibility for downtime resulting from a user's actions.

15 Backups:

You (the Customer) are responsible for keeping current backups of your files. Although, we conduct routine system backups and can often restore client data we are not responsible for file or data lost. If you incur file or data loss you agree to hold us guiltless. If data loss occurs due to negligence of Customer in securing their account or by an action of the Customer, McReal Online Networks Systems Limited will be willing to attempt recovering the data from the most recent archive at McReal Online Networks Systems Limited going rate for such retrieval.

16. Matters Beyond Reasonable Control

If McReal Online Networks Systems Limited is unable to perform any obligation under this Contract because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of its suppliers, or agents, it will have no liability for that failure to perform.

17. Limitation of Liability

17.1 McReal Online Networks Systems Limited is not liable to the Customer, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data.

17.2 McReal Online Networks Systems Limited's liability to the Customer in contract, tort (including negligence) or otherwise in relation to this Contract is to N5,000 for any one incident or series of related incidents and to N20,000 for all incidents in any period of 12 months.

17.3 McReal Online Networks Systems Limited excludes all liability of any kind in respect of any material on the Internet which can be accessed using the Service and is not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Service or on the Internet.

17.4 McReal Online Networks Systems Limited is not liable to the Customer either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including domain name registration authorities) or for faults in or failures of their equipment.

17.5 Each provision of this Contract, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

18. No Guarantee of Registration or Renewal

By signing this agreement, you agree that McReal Online Networks Systems Limited cannot guarantee you will be able to register or renew any specific domain name, even if your inquiry indicates that domain name is available. Even if a domain name appears to be available, you acknowledge that McReal Online Networks Systems Limited cannot know with certainty whether or not another party is simultaneously seeking the domain name you are seeking to register, or whether there are any inaccuracies or errors in the domain name registration or renewal process or in the WHOis and other databases. You also agree that McReal Online Networks Systems Limited may elect to accept or reject your application for registration or renewal for any reason at its sole discretion. Such rejection may include, but is not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also agree that McReal Online Networks Systems Limited is not liable or responsible in any way for any omissions, errors or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You also agree to indemnify, defend and hold harmless the applicable registry administrator and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, expenses, and costs (including reasonable legal fees and expenses) arising out of, or related to, your submission for and registration, renewal, or failure to register or renew a particular domain name or names.

19. Changes to this Contract

McReal Online Networks Systems Limited may alter this agreement at any time without notification to you and such changes will be deemed effective when posted on McReal Online Networks Systems Limited's website. However, the current agreement is always available on McReal Online Networks Systems Limited's website. Your sole remedy in the event that you do not agree to those amendments is to provide us with a written notice of termination as described in this agreement. Only a McReal Online Networks Systems Limited officer may alter this agreement. No agent of, or person employed by or under contract with McReal Online Networks Systems Limited, has any authority to alter or vary this agreement in any way. No oral explanation or oral information given by any party shall alter the interpretation of this agreement.

20. Assignment

The Customer may not assign or transfer any of the Customer's rights or obligations under this Contract, without the written consent of McReal Online Networks Systems Limited.

21. Entire Agreement

This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.

22. Notices

Notices given under this Contract may be delivered on-line or by e-mail. Additionally, McReal Online Networks Systems Limited may publish notices to the Customer via the McReal Online Networks Systems Limited website; notices will be deemed effective on the date of publication, or otherwise as notified to the Customer by McReal Online Networks Systems Limited. A notice from McReal Online Networks Systems Limited which is sent by e-mail to the Customer's e-mail address will be deemed effective the day it is sent. A notice from the Customer to McReal Online Networks Systems Limited will be deemed effective when received by McReal Online Networks Systems Limited at the e-mail address notified by McReal Online Networks Systems Limited to the Customer.

23. .ng Domain Names

The registration of Nigeria's ccTLD (or .ng Domain Names) by McReal Online Networks Systems Limited on behalf of the Customer is made completely subject to policies and classification of NiRA (Nigeria Internet Registration Association). A registered domain name may be classified at any time and in its sole discretion by NiRA, as a "Premium Domain Name" and an additional one-time fee of N200,000 is payable within a specified time period on such a domain name. The customer agrees to be bound by these policies, as may be determined by NiRA from time to time.

24. Non-agency

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

25. Non-waiver

McReal Online Networks Systems Limited failure to require performance by the Customer of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by McReal Online Networks Systems Limited of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

26. Governing Law

This Contract is governed by the law of a territory as may be specified by McReal Online Networks Systems Limited and the Customer submits to the exclusive jurisdiction of such Courts.

27. ACCEPTANCE OF AGREEMENT

THE CUSTOMER ACKNOWLEDGES THAT THIS AGREEMENT HAVE BEEN READ BY THE CUSTOMER AND THE CUSTOMER AGREES TO ALL ITS TERMS AND CONDITIONS. THE CUSTOMER HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND IS NOT RELYING ON ANY REPRESENTATION, AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.