By placing an order with WhoGoHost Limited for email hosting services, you confirm that you are in agreement with and bound by the terms and conditions below.
You acknowledge that your electronic approval constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. WhoGoHost may accept or reject any Order you submit in its sole discretion. WhoGoHost's provisioning of the Services described in an Order shall be WhoGoHost's acceptance of the Order. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. You acknowledge and agree you will use this Service for the purpose of reselling web hosting.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE COMPANY'S PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.
In addition, when You use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Company, whether or not the transactions were in Your behalf, You signify your agreement to the terms and conditions contained in this Agreement.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
You expressly understand that the Email Hosting Service requires to be linked to a domain name that is operational. By purchasing Services You imply that the associated domain name belongs to you or you possess the domain access rights.
Usage Limitations and Account Provisions
You acknowledge that Whogohost may introduce general practices and limits toward use of the Service, including but not limited to the maximum number of days that email messages are retained by the Service, the email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may be sent from or received by an account. You agree that Whogohost is not responsible or liable for the deletion or failure to store any messages or other communication received or transmitted using the Services. You further acknowledge that Whogohost retains the right to change these general including but not limited practices and limits at any time in accordance with the 'Modification Terms' section of this Agreement below.
Each of Your email accounts is limited in its allocated resources (including but not limited to email and file storage) in accordance with the subscription plan.
Storage and Security
You are responsible for security of Your password. Whogohost will not change passwords to any account without proof of identification, which is satisfactory to Whogohost, which may include written authorization with signature. In the event of any partnership break-up, or other legal problems that includes you, Whogohost will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Whogohost be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Whogohost from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Whogohost you should take all due precautions to provide any sensitive information over a secure communication channel.
At all times, you shall bear full risk of loss and damage to your email account and all of Your content. You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your content transmitted through or stored on the server. You shall be solely responsible for undertaking measures to:
You expressely understand that there are limits to of emails to be sent at a time. You acknowledge that you will abide by these limits listed below
|Email Hosting Type||Business Email Hosting||Enterprise Email Hosting|
|User Limit||100 emails per hour||2400 emails per day|
|Mailing List||5,000 external recipients per day
10,000 internal recipients per day
|8,000 external recipients per day
20,000 internal recipients per day
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted to You or by You through the Services, are the sole responsibility of the person from whom such Content originated. This means that You are entirely responsible for all Content You upload, email, transmit or otherwise make available via the Services.
Whogohost shall exercise no control over the content transmitted via the Services and, as such, does not guarantee or accept responsibility for its accuracy, integrity or quality. You understand that by using the Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Whogohost be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted or otherwise made available via the Services. Whogohost has no obligation to monitor the content transmitted via the Services.
By using any Services, provided by Whogohost You agree not to misuse the Services. For example, you must not and must not attempt to:
Normal operation and provision of the Services does not imply Namecheap interfering or monitoring of the content associated with the Services, but You acknowledge that Namecheap has the right (but not the obligation) in Our sole discretion to refuse, delete or move any such email, file, or associated content that is available via the Services if it violates the Agreement or is deemed by Namecheap, in its sole discretion, to be otherwise objectionable.
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Namecheap. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Namecheap prohibits the following activities listed without limitation hereunder:
If Whogohost determines any facts constituting that You have deliberately or recklessly used Our Services for sending of SPAM e-mail messages, We reserve the right to terminate Your account and/or assess a charge upon Your account, which shall serve to compensate Us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity, We may assess the fee entirely at Our full discretion. The fee will be charged to Your account, in accordance with the payment information submitted by You as part of Your acquisition of Our Services. You further agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity We may share information regarding Your activities, including but not limited to Your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress of such activity whenever We deem necessary.
Your billing date will be determined based on the day You purchased the Services and the payment cycle plan. If You selected the automatic renewal option when signing up, Whogohost will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at then current rates
All fees for the Services shall be in accordance with Whogohost fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Renewal fees after the initial term shall be due and owing immediately upon the first day of such renewal period. Overdue balance shall lead to Your email account lock and, as a result, access to the Services will be limited.
Prior to the expiration date of the Services, You will have the option to renew Your subscription using Namecheap's automated processing system. Whogohost will notify You several times that the Service is about to expire. These emails include the renewal instructions and are sent to the email address stored in Your account contact details. Whogohost shall not be held responsible or liable in the event You fail to take the necessary steps to renew the Service, if the provided email address is erroneous or out of date, and/or if You fail to receive the Services expiration notification. You shall assume sole responsibility for renewing Your Services. If the automatic renewal feature is enabled for Your subscription, Whogohost will try to renew Your Services prior to the renewal date and will take payment in accordance with the designated payment method at then current Whogohost rates.
If the outstanding balance is not paid by you by the due date of your Service, Whogohost reserves the right to terminate Your Service immediately with automatic deletion of Your account content.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of WhoGoHost Limited ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the Federal Republic of Nigeria. You and WhoGoHost Limited® submit to the non-exclusive jurisdiction of the courts in and of the Federal Republic of Nigeria in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.