These Terms of Service (the "Agreement") are an agreement between Lwegatech Ltd ("Lwegatech" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Lwegatech and of the lwegatech.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
The following terms and conditions apply to ALL Lwegatech customers for any product or service ordered.
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.
All capitalized words in this TOU are defined as follows:
1.2 Lwegatech Customer Account
Upon your execution of a Services Agreement, Lwegatech will assign to you a unique username (“UserID”) and password to access your customer account where you will be able to manage the Lwegatech Services that you ordered. The legal owner of the customer account is the legal entity whose name is identified as the “customer” in the Services Agreement and therefore so listed in Lwegatech's database as the owner. It is the customer’s sole responsibility to ensure that their UserID and password are kept secure and that the contact identification information for their customer account are kept up-to-date in Lwegatech’s database. This includes regularly updating your customer account to accurately reflect any staff departures or changes in service providers that you used to sign up for the Lwegatech Services (for example, website design companies or online media management companies) who may have used their name as the contact person for your account. In the event of any inconsistency or dispute, or in the event of a reorganization or dissolution of the customer, the order of precedence for the legal owner of the customer account is as follows:
With regards to domain names, the legal entity listed as the “Registrant” of the domain name in the public Whois registry is the legal owner of that domain name. The ownership of a particular domain name is independent of the ownership of the customer account, even if that domain name is associated with the primary website hosted on the customer account. It is the customer’s sole responsibility to ensure that the Registrant name and contact information are up to date in the Whois registry.
In the event of a dispute over the ownership of your customer account (including any website(s) or domain names associated therewith), you must complete and submit to firstname.lastname@example.org a copy of Lwegatech’s Proof of Identity Form, and you agree to fully cooperate with and abide by any and all of Lwegatech's security measures and procedures. Lwegatech is not responsible or obligated to restore access to your customer account to any particular person if that person cannot meet Lwegatech’s security measures and procedures. You warrant your understanding that Lwegatech has no responsibility or obligation to you to act as an arbiter or authority between you and your employees (current or former), or between you and your third party service providers in the event of any ownership dispute. Lwegatech reserves the right to suspend your access to your customer account during the investigation of any ownership dispute.
If you have a customer account issue, please contact email@example.com
1.3 Lwegatech Services
The Lwegatech Services include, but are not limited to:
Lwegatech reserves the right to amend, add, or discontinue any of the Lwegatech services offered and to add, delete, suspend or modify the terms and conditions of the Lwegatech services at any time, at its sole discretion, and to determine whether and when any such changes will apply to either or both existing and future customers.
1.4 Proxy Services
For domain name registration services where a third party provider is named in your place ("Proxy Services"), you agree that if Lwegatech or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If Lwegatech provides the particular Proxy Services, then Lwegatech reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.
1.5 Ownership of Equipment
Lwegatech owns all right and title to the Lwegatech Services, including any and all equipment (software and hardware) and licenses that it uses to provide the Lwegatech Services. You acknowledge and agree that Lwegatech does not transfer ownership of any equipment or licenses to you at any time for any reason. Notwithstanding the foregoing, Lwegatech acknowledges that a colocation customer will own all right and title to the hardware equipment that it has installed in Lwegatech’s data center(s) pursuant to the terms of its particular Services Agreement.
Lwegatech may at its sole discretion discontinue, upgrade, replace, modify, or change in any way, without limitation, including but not limited to the price of, any Lwegatech Service, and/or any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with the Lwegatech Services. Certain changes to the Lwegatech Services may affect the operation of your personalized applications and content. You are solely responsible, and Lwegatech is not liable, for any and all such personalized applications and content. Except as expressly agreed to by Lwegatech. Lwegatech may but is not obligated to provide customers with notice of any such modifications.
1.7 Backup of Data
All customers are solely and entirely responsible, and Lwegatech is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that they use in connection with the Lwegatech Services unless you have specifically ordered backup services from Lwegatech and such backup services are included in your Services Agreement. If you have ordered backup services from Lwegatech, your backup services will be governed by Lwegatech’s Managed Backup Policy, which is in addition to this TOU and incorporated herein by reference.
1.8 Email Accounts
All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 6 consecutive months or more shall be deemed abandoned and Lwegatech shall have the right to delete the email account (“Abandoned Mailbox”) and/or all emails residing in such Abandoned Mailbox (“Abandoned Emails”). At least 2 weeks in advance, Lwegatech shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks. Lwegatech has the right to delete all content stored in any of customer's spam folders or email accounts for 60 days or more.
1.9 Illegal Use
The Lwegatech Services, including all equipment, may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Lwegatech's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a website hosted on a Lwegatech server, and selling or distributing software (on a website residing on a Lwegatech server) that facilitates spamming. Lwegatech requires that all customers’ emails and mailing lists (if any) are in full compliance with all applicable privacy and electronic communications legislation. Lwegatech also prohibits the use of third party/purchased mailing lists. The first violation of this policy will result in a written warning. A second violation will result in immediate suspension of the customer's email services. Subsequent violations may result in customer's account being closed entirely. Lwegatech reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
1.11 System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
1.12 Viruses and Other Destructive Activities
Use of the Lwegatech Services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Lwegatech Services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
1.13 Pornography Materials
The use of the Lwegatech Services to store, post, display, transmit, advertise or otherwise make available pornography is prohibited. Lwegatech is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of pornography on, or being transmitted through, its services and will immediately terminate your account.
1.14 Customer Responsibility
Customers are required to use the Lwegatech network responsibly. This includes respecting the other customers of Lwegatech. Lwegatech reserves the right to suspend and/or cancel service with any customer who uses the Lwegatech network in such a way that adversely affects other Lwegatech customers. While Lwegatech may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Lwegatech does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Lwegatech becomes aware of any violation of the TOU or other user agreements, Lwegatech may take any action to stop or correct such violation, including, but not limited to, denying access to the Lwegatech Services and equipment or to the Internet. In addition, Lwegatech may take action against a customer or an end-user of such customer because of the activities of such end-user. Lwegatech anticipates that customers who offer Internet services will cooperate with Lwegatech in any corrective or preventive action that Lwegatech deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Lwegatech policy and Lwegatech reserves the right to take any such action even though such action may affect other customers of the Lwegatech customer.
1.15 Actions Taken by Lwegatech
The failure by a customer to meet or follow any of the TOU is grounds for immediate account termination. Lwegatech will be the sole arbiter as to what constitutes a violation of the TOU. Lwegatech reserves the right to suspend or remove any customer account without prior notice and to refuse service to anyone at any time. When Lwegatech becomes aware of an alleged violation of its TOU, Lwegatech will initiate an investigation. During the investigation, Lwegatech may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Lwegatech may, at its sole discretion, restrict, suspend, or terminate a customer account and/or pursue other civil remedies. If such violation is a criminal offense, Lwegatech may notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Lwegatech does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of this TOU are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Lwegatech.
Furthermore, Lwegatech reserves the right to suspend or terminate your customer account if so ordered by an authoritative body of competent jurisdiction, or if the continuing provision of services to any customer may result in a legal or material risk to Lwegatech, or if it Lwegatech is not legally permitted to provide services to you.
You agree to protect, defend, hold harmless, and indemnify Lwegatech, any third party entity related to Lwegatech (including, without limitation, third party vendors), and Lwegatech's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all of Lwegatech’s legal fees and expenses, arising out of or resulting from your use of the Lwegatech Services.
The Lwegatech services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Lwegatech expressly disclaims any representation or warranty that the Lwegatech service will be error-free, secure or uninterrupted. No oral advice or written information given by Lwegatech, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Lwegatech and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Lwegatech reserves the right to terminate any Services Agreement for convenience upon thirty (30) days’ prior written notice to customer. Furthermore, in the event that you violate or otherwise breach the terms of this TOU, Lwegatech may immediately terminate your Services Agreement and your customer account pursuant to the provision regarding “Actions Taken by Lwegatech” above. If a customer becomes insolvent or any bankruptcy petition is filed by the customer or any third party against the customer, or if Lwegatech reasonably believes that the customer has become insolvent or is about to file for bankruptcy, Lwegatech may immediately terminate your Services Agreement and your customer account without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Lwegatech in such event. Upon the effective date of the termination of your Services Agreement (“Termination Date”), Lwegatech will close your customer account and delete any data remaining on Lwegatech’s servers from your customer account. You are solely responsible for ensuring that all of your customer data has been retrieved from your customer account prior to the Termination Date.
1.19 Limitation of Liability
To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will Lwegatech (including, without limitation, Lwegatech's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing the Lwegatech Services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or Lwegatech services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any Lwegatech services even if Lwegatech has been advised of the possibility of such damages. All claims and causes of actions arising in connection with Lwegatech or the Lwegatech Services are permanently barred unless the claim or cause of action is commenced within 6 months after the basis of the claim or the cause of action arose, regardless of any statutory limitation period allowing for a longer period. Lwegatech's total cumulative liability, if any, to customer, or any third party, for any and all damages, related to the TOU or the Lwegatech Services, including, without limitation, those from any negligence, any act or omission by Lwegatech or Lwegatech's representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the customer for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
1.20 Third Party Licenses
Lwegatech makes a reasonable effort to provide customers with the Lwegatech Services, which may include certain services, products, technologies, developments, and innovations (collectively "Technologies"), all or part of which may be subcontracted, licensed, or co-branded, from or by, third party entities. Lwegatech makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Lwegatech specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Lwegatech liable in any way for the revocation of any license, which has been licensed to Lwegatech. The use of the Technologies obtained from or through Lwegatech, or any other referred third party, whether directly or indirectly, is at the sole risk of customers. Customers understands and agrees that their use of such Technologies may be subject to further agreements, policies, terms, and conditions provided by the third party vendor which are in addition to those contained or referenced in this Agreement. In addition, any mention of non-Lwegatech products or services that are not included in the Technologies by Lwegatech, its employees, or any third party entity related to Lwegatech is for information purposes only and does not constitute an endorsement or recommendation by Lwegatech. Lwegatech disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Lwegatech products or services.
1.21 Lwegatech's Intellectual Property
Customers will not, without Lwegatech's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Lwegatech's website, and customers will not use any of Lwegatech's trademarks, service marks, copyrighted materials, or other intellectual property without Lwegatech's express written consent. Customers will not, in any way, misrepresent their relationship with Lwegatech, attempt to pass themselves off as Lwegatech, or claim that customers are Lwegatech.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for the Lwegatech Services, either in whole or in part, without the prior written consent of Lwegatech.
1.23 Minimum Age Requirement
Customers must be at least 18 years of age. Any individual under the age of 18 years (or under the age of majority in the State or country of your residence) ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Lwegatech customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Lwegatech services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Lwegatech's express written consent to the contrary. Any acceptance of the TOU or any other agreement for the Lwegatech Services will be deemed null and void to the extent that Lwegatech will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of the Lwegatech Services.
1.24 Dispute Resolution
Any and all claims or disputes arising out of or relating in any way to the Agreement, the relationship of the parties under the Agreement, or the Services provided under the Agreement (including but not limited to requests for specific performance) shall be submitted to mandatory binding arbitration. The parties shall each bear the costs of the arbitration in equal shares. The parties shall also bear their own legal fees (including but not limited to attorneys’ fees) in connection with the arbitration, and the arbitrator(s) may not reallocate the legal fees in conjunction with their award. Any award rendered by the arbitrator shall be confirmed in a state or federal court of competent jurisdiction in Uganda and each party hereby irrevocably submits and consents to, and waives any objection to, personal jurisdiction and venue in such court.
1.25 Governing Law and Severability
The TOU, and any other agreement for Lwegatech services, will be governed by and construed in accordance with the laws of the Republic of Uganda without reference to its conflicts of laws principles. Any litigation or arbitration (as described above) between a customer and Lwegatech will take place in Uganda, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Lwegatech agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
1.26 Force Majeure
Lwegatech will not be liable for delays in its performance of the TOU or Lwegatech services caused by circumstances beyond Lwegatech's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Lwegatech will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
1.27 Waiver and Amendment
Any waiver, modification, or amendment of any provision of the TOU or other agreement for Lwegatech services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Lwegatech.
1.28 Independent Contractors
Nothing in this TOU will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Lwegatech and its customers. Each of Lwegatech and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
1.29 Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
1.30 Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Lwegatech services, constitutes the complete understanding and agreement between Lwegatech and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Lwegatech, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Lwegatech services is between Lwegatech and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Lwegatech.
If you purchase a domain through Lwegatech, Lwegatech reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this TOU, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Lwegatech's receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Lwegatech as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.