This Terms of Service (“Agreement”) is a legally binding contract between BTHOST DOMAIN AND HOSTING – BN 8470976 (“BTHOST”) and you (“Customer,” ‘you’ or ‘your’) that shall govern the purchase and use, in any manner, of the services provided by BTHOST to Customer (collectively, the “Services”). By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract business. If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of BTHOST and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact BTHOST to cancel your subscription.
Ownership and Services Purchased
1.1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (‘Service Description Page’) based on their description on the Service Description Page as of the Effective Date, as defined below. BTHOST may modify the products and services it offers from time to time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by BTHOST as set out on the Service Description Page, are referred to as the ‘Services.’
1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them.
Term of Agreement
2.1. This Agreement becomes effective immediately when Customer checks ‘I Agree to Terms of Service” at the time of order and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of BTHOST, or a release of an update by BTHOST of a revised version.
2.2. The term of this Agreement is set to the Customer’s billing term (‘Term’). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
Obeying the Law
3.1. BTHOST DOMAIN AND HOSTING – BN 8470976 is registered and located within the Federal Republic of Nigeria, and as such, we are required to comply with the laws and official policies of Nigeria, regardless of where the Services are provided. In addition, BTHOST will comply with appropriate laws and official policies set forth by the Law Enforcement Agencies.
Payments and Billing
4.1. BTHOST reserves the right to charge Customers via internet payment gateways or bank deposit. All fees are billed in Nigerian Naira (“NGN”) and are subject to change with thirty (30) days prior notice to you.
4.2. Your ‘Billing Term’ is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, annually, biennially or triennially.
4.3. BTHOST DOMAIN AND HOSTING – BN 8470976 is only able to automatically collect payment from customers through third-party online payment gateways. All other payments must be made through cheque or cash deposit at a designated bank within or outside Nigeria. It is your obligation to ensure that recurring fees are paid on their due date.
4.4. As a customer of BTHOST DOMAIN AND HOSTING – BN 8470976, it is your responsibility to ensure that all billing information on file with BTHOST DOMAIN AND HOSTING – BN 8470976 is accurate prior to making any payment online or offline. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over-the-credit limit fees. You remain liable for any charge incurred on any card or bank account used to purchase any of our services.
4.5. No Free Domain Name is offered once payment is made for hosting without domain. Free domain name can only be offered to a client if the client forgot to include the domain along with the hosting account while placing the order. i.e. For new registration only. Transfer of domain names does not qualify for this offer, and FREE domain offer is only applicable on qualified hosting plans if stated on pricing plan.
Late Payments
5.1. Any account not paid in full by the end of the first day of the Billing Term will be subjected to a “late penalty” charge of 10% of the past due amount or 2,000.00 NGN or its equivalent. Following fourteen (14) days of non-payment, BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to suspend your Service(s) with BTHOST DOMAIN AND HOSTING – BN 8470976, and to subsequently terminate Service(s) after thirty (30) days following suspension of Services in the case of all shared Hosting. The same term is applicable to all resellers.
5.2. BTHOST DOMAIN AND HOSTING – BN 8470976 is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
Refund Policy and Billing Disputes
6.1. BTHOST DOMAIN AND HOSTING – BN 8470976 offers a three (3) day money-back guarantee on web hosting packages. No refunds are offered after the first three (3) days of Service.
6.2. No refunds are available for Reseller Plans, Unlimited hosting plans, Add-on services/products, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, dedicated IP addresses, advanced support fees, processing fees, payment gateway fees, misuse such as phishing/spamming, promotional orders (i.e., orders placed under a promotional offer), or software licenses. BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to deduct fees for value-added services or transactional charges incurred during the order process, such as gateway fees and SSL certificates.
6.3. Only first-time accounts are eligible for a refund under the 3-day money-back guarantee. For example, if you had or still have an account with BTHOST DOMAIN AND HOSTING – BN 8470976, canceled it, and signed up again—or if you opened a second account—you will not be eligible for a refund. Refunds are also not offered for accounts suspended or terminated due to a violation of this Agreement.
6.4. Refunds will only be issued to the billing contact listed on the account and may take up to five (5) business days to process.
6.5. The following payment methods are non-refundable; refunds using them will be issued as account credits for current or future services: bank wire transfers, Western Union payments, international checks, international payment gateways, and foreign bank accounts operated by BTHOST DOMAIN AND HOSTING – BN 8470976.
6.6. BTHOST DOMAIN AND HOSTING – BN 8470976 will not activate new orders or provide additional services to customers with an outstanding balance. New orders or packages will only be processed if the customer account has a minimum balance of ₦3,500.00, unless otherwise communicated in writing by BTHOST DOMAIN AND HOSTING – BN 8470976.
6.7. All refunds are processed in Nigerian Naira (₦), regardless of the original currency used. Exchange rate fluctuations are unavoidable, and BTHOST DOMAIN AND HOSTING – BN 8470976 will not be liable for any variance between payment and refund values due to exchange rates. Refunds may be refused at the sole discretion of BTHOST DOMAIN AND HOSTING – BN 8470976.
6.8. If you believe there is an error in billing, you must notify BTHOST DOMAIN AND HOSTING – BN 8470976 in writing within thirty (30) days of the billing date. BTHOST DOMAIN AND HOSTING – BN 8470976 will only consider disputes backed with sufficient factual detail. Failure to notify within the stated timeframe waives your right to dispute. If a claim is validated, your account will be credited on your next billing cycle. Third-party fees are excluded from this dispute policy.
6.9. A 10% processing charge will apply to all bank account refunds and any refund not credited to a customer’s hosting account, in order to cover bank and payment gateway charges.
Chargebacks, Reversals, and Retrievals
7.1. If a chargeback or payment dispute is received by BTHOST DOMAIN AND HOSTING – BN 8470976 from a credit/debit card company, bank, or payment gateway, your Services may be suspended without notice. A ₦4,000.00 chargeback fee, plus any outstanding balance, must be paid before services are reinstated. To avoid this, contact our support team to resolve billing issues.
7.2. If a chargeback dispute is successfully appealed and funds are returned to BTHOST DOMAIN AND HOSTING – BN 8470976, any double payment will be applied to your account as a service credit.
Cancellation of Services
8.1. Either party may terminate this Agreement with proper notice.
8.2. Service cancellation must be done through the official cancellation form available at https://bt-host.com.ng/client/ under your specific service section. Other methods of cancellation (e.g., phone, email, or live chat) are not accepted. Cancellations are final once confirmed through the system prompt.
8.3. Cancellation requests must be submitted at least 48 hours before your service’s renewal date. Failure to do so will result in billing for the next billing term.
8.4. If you use PayPal for payment, it is your responsibility to cancel recurring payments. BTHOST DOMAIN AND HOSTING – BN 8470976 has no control over PayPal subscriptions and is not liable for payments made post-cancellation. No refund obligation applies in such cases.
8.5. BTHOST DOMAIN AND HOSTING – BN 8470976 may terminate services at any time by notifying customers via email. If termination is not due to breach or AUP violation, prepaid fees will be refunded.
8.6. Either party may terminate the Agreement for material breach if the breach remains uncured ten (10) days after written notice. The notice must describe the breach in enough detail for corrective action to be taken.
8.7. Your account may be automatically terminated if our system detects domain inactivity, nameservers not pointing to BTHOST DOMAIN AND HOSTING – BN 8470976, or if your account has been moved to another provider. You are solely responsible for maintaining your own backups, as BTHOST only retains server-level backups and not individual account backups.
Refusal of Service
9.1. BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to refuse service to anyone. Any content deemed obscene, threatening, illegal, or otherwise in violation of our terms may be removed without notice.
9.2. Access to services may be suspended, cancelled, or restricted at any time, for any reason, with or without notice. We are not liable for damages or data loss due to such actions.
9.3. Abusive, rude, threatening, or vulgar communication with our staff will result in one warning. Continued abuse may lead to service suspension or termination without refund. This includes threats of legal action, public defamation, or chargebacks.
9.4. While we accept orders globally, accounts from high-risk countries may be limited. You may be asked to provide government-issued ID and/or a scanned credit card for verification. Failure to comply may result in cancellation.
Resource Usage
10.1. Customers must minimize server resource usage to ensure performance for all BTHOST DOMAIN AND HOSTING – BN 8470976 users. Accounts excessively consuming resources may be suspended or terminated without prior warning.
10.2. Shared and reseller accounts are limited as follows:
14% CPU usage
2GB RAM
15 concurrent processes
10 MySQL connections
70 outbound emails per hour (excess emails will be discarded)
10.3. Web hosting accounts are not to be used as remote file storage. If over 70% of your storage is dedicated to files unrelated to hosting (e.g., file archives), the files will be flagged. Harmful or illegal files will lead to further action.
10.4. Programs or services cannot use more than 90% of a CPU core for over 15 minutes per thread. If usage exceeds 90%, it will be automatically limited. Additionally, programs cannot exceed 200% usage of two CPU cores for over two minutes.
Bandwidth Usage
11.1. You are allocated a monthly bandwidth allowance depending on the hosting package you purchase.
11.2. Should your account pass the allocated amount, BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to:
a) suspend the account until the start of the next allocation,
b) suspend the account until more bandwidth is purchased at an additional fee,
c) suspend the account until you upgrade to a higher-level package, and/or
d) charge you an additional fee for the overages.
11.3. Unused transfer in one month cannot be carried over to the next month, and bandwidth is not pooled among multiple servers or accounts.
Licenses
12.1. BTHOST DOMAIN AND HOSTING – BN 8470976 grants you a non-exclusive, non-transferable, worldwide, royalty-free license to use technology provided by BTHOST DOMAIN AND HOSTING – BN 8470976 solely to access and use the Services. This license terminates upon the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All rights, title, and interest in BTHOST DOMAIN AND HOSTING – BN 8470976’s technology shall remain with BTHOST DOMAIN AND HOSTING – BN 8470976 or its licensors. You are not permitted to circumvent any devices designed to protect BTHOST DOMAIN AND HOSTING – BN 8470976’s ownership interests in the technology. Furthermore, you may not reverse engineer this technology.
12.2. You grant BTHOST DOMAIN AND HOSTING – BN 8470976, or any third parties used by BTHOST DOMAIN AND HOSTING – BN 8470976 to provide the Services, a non-exclusive, non-transferable, worldwide, royalty-free license to use, disseminate, transmit, and cache content, technology, and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates upon the expiration or termination of this Agreement. All rights, title, and interest in your technology shall remain with you or your licensors.
Service Modifications
13.1. BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to add, modify, or remove any or all features from any service provided, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third-party applications. These changes can be made for any or no reason, and BTHOST DOMAIN AND HOSTING – BN 8470976 does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term ‘materially’ means that a reasonable business person would not have purchased the Services for the purposes used by you.
Uptime Guarantee
14.1. BTHOST DOMAIN AND HOSTING – BN 8470976 guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.98% of the time in any given calendar month. If BTHOST DOMAIN AND HOSTING – BN 8470976 fails to meet this Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes of downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted toward any credit. The maximum credit available is one (1) month of service.
14.2. Credits are only available for future services/invoices and cannot be issued as refunds. All credit requests must be submitted via our official request form at https://bt-host.com.ng/ no later than the tenth (10th) day of the month following the SLA violation. Credits are issued based only on the uptime for the previous calendar month, and requests not submitted within the required time frame will not be approved.
14.3. For example, if you experienced less than 99.98% uptime in the month of November, you would need to submit your request for credit no later than December 10th.
14.4. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attacks, hardware failure, third-party software failure, customer maxing out its resource container, issues resulting from errors or omissions by the customer, ISP issues, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Private Servers (‘VPS’) or Dedicated Server packages. All credits are at the discretion of BTHOST DOMAIN AND HOSTING – BN 8470976 based on its investigation of the issue.
14.5. If BTHOST DOMAIN AND HOSTING – BN 8470976 provides a credit or Service Level Agreement (SLA) for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, that Service.
Support Policy
15.1. BTHOST DOMAIN AND HOSTING – BN 8470976 provides technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is via the help desk at https://bt-host.com.ng/ Telephone and live chat support are not considered official methods of support and are governed by the terms below.
15.2. Limited support may be provided, at BTHOST DOMAIN AND HOSTING – BN 8470976’s discretion and subject to staff availability, via telephone and/or live chat. We strive to offer fast, friendly, and helpful support via these channels, but no guarantees are made regarding availability, accessibility, or expertise provided.
15.3. Inquiries via telephone or live chat should be limited to general questions that do not require access to an account or server. These channels should not be used to request status updates or provide ticket updates. Any issue requiring investigation, research, or server/account access must be submitted via the help desk. BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to redirect such issues to the help desk and decline support via other channels.
15.4. Resellers are responsible for providing support to their own customers. BTHOST DOMAIN AND HOSTING – BN 8470976 does not support resellers’ customers directly. If a reseller’s customer contacts BTHOST DOMAIN AND HOSTING – BN 8470976, we reserve the right to place the account on hold until the reseller assumes responsibility. All support requests must be made by the reseller on behalf of their customers for security purposes. Resellers are also accountable for content stored or transmitted under their accounts and the actions of their customers. We will hold resellers responsible for any violations of the law or these Terms of Service by their customers.
Advanced Support Policy
16.1. Support to Customer is limited to BTHOST DOMAIN AND HOSTING – BN 8470976’s area of expertise and is available only for issues related to the physical functioning of the Services. BTHOST DOMAIN AND HOSTING – BN 8470976 does not provide support for any third-party software including, but not limited to, software offered by but not developed by BTHOST DOMAIN AND HOSTING – BN 8470976. BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to refuse assistance with and/or assess an “Advanced Support Fee” of ₦10,000.00 ($70) per hour (1 hour minimum) for any issue that, at BTHOST DOMAIN AND HOSTING – BN 8470976’s sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. BTHOST DOMAIN AND HOSTING – BN 8470976 will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay Advanced Support Fees as billed.
Backup Services
17.1. Your use of BTHOST DOMAIN AND HOSTING – BN 8470976’s Services is at your sole risk. This service is provided to you as a courtesy. BTHOST DOMAIN AND HOSTING – BN 8470976 is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on BTHOST DOMAIN AND HOSTING – BN 8470976’s servers. Any and all backup services provided by BTHOST DOMAIN AND HOSTING – BN 8470976, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.
17.2. No backups are performed for servers that house shared and reseller packages.
17.3. Our server does not create daily backups for users’ sites; you must manually create a backup that you may download on your own. We do not restore files that any user has accidentally deleted or modified. You are advised to back up all of your own files to your local drive. We are not responsible for lost data, time, income, or any other resource due to faulty or non-existent backups.
Expired Domain Deletion Policy
19.1. Immediately after the expiration of the term of a domain name’s registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that BTHOST DOMAIN AND HOSTING – BN 8470976 may direct the domain name to name servers and IP address(es) designated by BTHOST DOMAIN AND HOSTING – BN 8470976, including, without limitation, to no IP address or to IP address(es) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that BTHOST DOMAIN AND HOSTING – BN 8470976 may either leave your WHOIS information intact or 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.
19.2. For a period of approximately fourteen (14) days after the expiration of the domain name registration term, you acknowledge that BTHOST DOMAIN AND HOSTING – BN 8470976 may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that BTHOST DOMAIN AND HOSTING – BN 8470976 may, but is not obligated to, offer this process, called the “reactivation period.” You assume all risks and consequences if you wait until close to or after expiration of the original term to attempt to renew the domain name. You acknowledge that BTHOST DOMAIN AND HOSTING – BN 8470976, for any reason and in its sole discretion, may choose not to offer a reactivation period and shall not be held liable in such cases. You acknowledge that the reactivation process, if offered, may involve additional fees as determined by BTHOST DOMAIN AND HOSTING – BN 8470976. Expired domain name services may be made available to third parties, auctioned, or re-registered at any time.
IP Address Allocation
20.1. Any dedicated IP order, in addition to the ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to comply with the policies of the American Registry for Internet Numbers (ARIN). BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Acceptable Usage Policy
21.1. You shall use BTHOST DOMAIN AND HOSTING – BN 8470976’s services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the Federal Republic of Nigeria or the United States is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless BTHOST DOMAIN AND HOSTING – BN 8470976 from any claims resulting from the use of the service which damages you or any other party.
21.2. BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether BTHOST DOMAIN AND HOSTING – BN 8470976 is the appropriate service provider for you:
Pornography – Hosting, Distributing, or Linking to Pornography and adult-related materials like enhancement pills, etc.
CPU/Memory/Resource Abuse – Consuming excessive server resources causing performance issues
DoS Source – Source of a Denial of Service Attack
DoS Target – Target of a Denial of Service Attack
Copyright Infringement – Hosting, Distributing, or Linking to copyrighted material
Forgery – Faking an IP Address, Hostname, Email Address, or Header
Fraud Site – Hosting or Linking to a website intended to deceive the public
HYIP – Hosting or Linking to a High Yield Investment Program site
Identity Theft – Hosting, Distributing, or Linking to stolen account information
Infection – Hosting, Distributing, or Linking to exploits, trojans, viruses, or worms
Phishing – Identity theft by email under false pretense
Proxy Site – Hosting or linking to an anonymous proxy server
Spam Email – Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
Spam List – Hosting, Distributing, or Linking to email address lists for spam
Spam Site – A site advertised by spam email or spam web
Spam Ware – Hosting, Distributing, or Linking to software designed for spamming
Spam Web – Unsolicited, bulk, or forged site advertisement in web logs, forums, or guestbooks
Spamhaus – Spam causing blacklisting of an IP at www.spamhaus.org
Terrorist Site – Hosting or linking to a site advocating terrorism
Toolz – Hosting, Distributing, or Linking to tools or instructional material on hacking, cracking, or other illegal activity
Warez – Hosting, Distributing, or Linking to cracks, hacks, keygens, serials, or pirated software
Any other material BTHOST DOMAIN AND HOSTING – BN 8470976 deems threatening or obscene
21.3. Hosting accounts may not be resold unless the account is a Reseller, VPS, or Dedicated Server. You may not resell individual services within any single account such as web space, email accounts, add-on domains, or mailing lists. All domains, add-on domains, and subdomains must be for sites controlled by or promoting content or businesses solely owned by the account holder.
21.4. BTHOST DOMAIN AND HOSTING – BN 8470976’s designated agent for receipt of copyright complaints is: Oluwasegun Onimisi. You may contact the agent via email at abuse@teqservers.com. Copyright complaints are handled in accordance with the Digital Millennium Copyright Act (DMCA). Complaints that do not comply with the DMCA will not be processed. You are required to comply with the DMCA in using BTHOST DOMAIN AND HOSTING – BN 8470976’s Services.
Restrictions on Storage Space Usage
22.1. All accounts are subject to the following storage restrictions:
a) Accounts must have valid, working websites and not violate the terms of service;
b) Accounts may not be used for mass storage of backups, files, audio, video, zip files, or similar data, as determined solely by BTHOST DOMAIN AND HOSTING – BN 8470976;
c) Accounts may not be used for mass distribution of files, such as torrents or mirrors.
Violating these terms may lead to suspension or termination without prior notice.
Multi-Location Hosting
23.1. BTHOST DOMAIN AND HOSTING – BN 8470976 does not guarantee the availability of all hosting locations and reserves the right to add, move, modify, or remove any server location at any time without notice. The company also reserves the right to deny the transfer of any account to a new location for any reason or no reason
Warranties
24.0. Your Warranties to BTHOST DOMAIN AND HOSTING – BN 8470976
24.0.1. You represent and warrant to BTHOST DOMAIN AND HOSTING – BN 8470976 that:
(i) you have the experience and knowledge necessary to use the Services;
(ii) you will provide BTHOST DOMAIN AND HOSTING – BN 8470976 with material that may be implemented by it to provide the Services without extra effort on BTHOST DOMAIN AND HOSTING – BN 8470976’s part; and
(iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it.
24.0.2. You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to BTHOST DOMAIN AND HOSTING – BN 8470976, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.
24.2. BTHOST DOMAIN AND HOSTING – BN 8470976’s Warranties
24.0.3. You expressly agree that use of BTHOST DOMAIN AND HOSTING – BN 8470976’s Services is at your own risk. The Services are provided as-is and as-available. Other than as expressly set out in this Agreement, BTHOST DOMAIN AND HOSTING – BN 8470976 has not, and does not, make any warranties whether express or implied. This disclaimer includes, but is not limited to, the warranties of non-infringement, fitness for a particular purpose, merchantability, and/or title. Neither BTHOST DOMAIN AND HOSTING – BN 8470976, its parent, its employees, agents, resellers, third party information providers, merchants, licensors or the like, warrant that BTHOST DOMAIN AND HOSTING – BN 8470976’s Services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the Services or as to the accuracy, or reliability, of any information, service, or merchandise contained in or provided through BTHOST DOMAIN AND HOSTING – BN 8470976’s network, unless otherwise expressly stated in this Agreement. BTHOST DOMAIN AND HOSTING – BN 8470976 specifically disclaims any and all warranties regarding services provided by third parties, regardless of whether those services appear to be provided by BTHOST DOMAIN AND HOSTING – BN 8470976. No warranties made by these third parties to BTHOST DOMAIN AND HOSTING – BN 8470976 shall be passed through to you, nor shall you claim to be a third-party beneficiary of such warranties.
24.0.4. The warranty disclaimers contained in this Agreement extend to any oral or written information you may have received from BTHOST DOMAIN AND HOSTING – BN 8470976, its employees, third-party vendors, agents or affiliates. You may not rely on such information.
Limitation of Liability
25.1. You also acknowledge and accept that any damages will be limited to no more than the fees paid by you for one (1) month of service.
25.2. Under no circumstances, including negligence, shall BTHOST DOMAIN AND HOSTING – BN 8470976, its officers, agents, or third parties providing services through BTHOST DOMAIN AND HOSTING – BN 8470976, be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you, any of your end users or any third party; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to BTHOST DOMAIN AND HOSTING – BN 8470976 records, programs or services. You agree that this paragraph applies even if BTHOST DOMAIN AND HOSTING – BN 8470976 has been advised of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all contents on all servers and all services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; you agree that in those jurisdictions, BTHOST DOMAIN AND HOSTING – BN 8470976’s liability will be limited to the extent permitted by law.
Indemnification
26.1. You agree to indemnify, defend and hold harmless BTHOST DOMAIN AND HOSTING – BN 8470976, and its parent, subsidiary and affiliated companies, third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and collectively, “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 attorneys’ 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 violation by you of any of BTHOST DOMAIN AND HOSTING – BN 8470976’s policies;
(iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or
(iv) any acts or omissions by you.
The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services the use of which is facilitated by BTHOST DOMAIN AND HOSTING – BN 8470976.
Governing Law and Disputes
27.1. This Agreement shall be governed by the laws of the Federal Republic of Nigeria, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Oyo State, Nigeria, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
Partial Invalidity
28.1. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. BTHOST DOMAIN AND HOSTING – BN 8470976 and Customer agree to renegotiate any term held invalid and to be bound by a mutually agreed substitute provision.
Changes to the Terms of Service
29.1. BTHOST DOMAIN AND HOSTING – BN 8470976 reserves the right to modify this Agreement, in whole or in part, from time to time. BTHOST DOMAIN AND HOSTING – BN 8470976 will provide you with notice of such a change by posting notice on your control panel. Unless BTHOST DOMAIN AND HOSTING – BN 8470976 is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.
Assignment
30.1. This Agreement may be assigned by BTHOST DOMAIN AND HOSTING – BN 8470976. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
Force Majeure
31.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event later than fifteen (15) days from the beginning of the event.
No Waiver
32.1. No waiver of rights under this Agreement or any BTHOST DOMAIN AND HOSTING – BN 8470976 policy, or agreement between Customer and BTHOST DOMAIN AND HOSTING – BN 8470976, shall constitute a subsequent waiver of this or any other right under this Agreement.
No Agency
33.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
Survival
34.1. The following paragraphs shall survive the termination of this Agreement: 19, 25 through 28, and 34.
Privacy
35.1. BTHOST DOMAIN AND HOSTING – BN 8470976 does not sell, share or lease any information given to BTHOST DOMAIN AND HOSTING – BN 8470976 by an individual or entity subject to this Privacy Policy, except as provided in it. Any personal information received will only be used to fulfill your order.
35.2. This Privacy Policy only applies to information provided to BTHOST DOMAIN AND HOSTING – BN 8470976. BTHOST DOMAIN AND HOSTING – BN 8470976 services may incorporate products provided by third parties (“Third Party Products”). To the extent this incorporation is transparent to BTHOST DOMAIN AND HOSTING – BN 8470976’s customers, the privacy policies of the providers of Third Party Products have been incorporated into this Privacy Policy. However, if a customer has the option of choosing a Third Party Product, or incorporates it into BTHOST DOMAIN AND HOSTING – BN 8470976’s services on its own, those privacy policies are specifically excluded from this Privacy Policy. It is the customer’s obligation to determine how the privacy policies of Third Party Products not covered by this Privacy Policy affect their information, and that of their End Users.