Comprehensive Terms of Service - Webline Africa Limited

1. Definitions

1. "Agreement" means these Terms of Service.
2. "Company" means Webline Africa Limited, trading as Yatosha Web Services.
3. "User" or "Account Holder" means any individual or entity using our services.
4. "Services" means all products, services, and websites offered by the Company.

2. General

1. This Agreement sets out the terms and conditions under which Webline Africa Limited makes its services available to users.
2. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account and ensuring full compliance with this Agreement by all users of that account.
3. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).
4. You are expected to use the Internet and other networks and services accessed through our services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, acceptable uses, and uses to avoid. Common sense is the best guide for what is considered acceptable use.

3. User Eligibility

1. You must be at least 18 years old to use our services. If you are under 18, you may use our services only with the involvement and consent of a parent or legal guardian.
2. If you are using our services on behalf of a business or organization, you represent and warrant that you have the authority to bind that business or organization to this Agreement.

4. Fees and Payments

1. Your account will be set up as soon as we receive payment and our payment partners have screened the order for fraud. Providing false contact information will result in the discontinuation of services.
2. You agree to pay Webline Africa Limited in advance for the service period. Services will be billed on a recurring basis until you cancel your recurring payments to Webline Africa Limited.
3. Any account not paid in full within 24 hours after the due date will be suspended.
4. You will be charged a one-time fee if you are permanently suspended and request your files.
5. Any abuse, including but not limited to causing our IPs to be blacklisted, may be subject to penalties.
6. After purchasing any service, you are subject to a 14-day refund period, except for domain names, server hosting, virtual servers, or website design services. For a refund to be valid, you must submit valid problems related to our hosting service.

5. Content

Webline Africa Limited cannot be held liable for any content hosted that violates any law. We do our best to remove unlawful content, but some may go unnoticed. Unlawful content includes, but is not limited to:

1. Child Pornography (Legal adult content is acceptable)
2. Warez
3. Illegal Downloads (e.g., MP3s, videos)
4. Cracked/Pirated Software
5. Hacking Programs/How to Hack guides
6. Illegal Sales (e.g., controlled substances, explosives)
7. Fraudulent Sites

The Company reserves the right to remove any content that it deems unlawful or in violation of this Agreement.

6. Intellectual Property Rights

1. Users retain ownership of any intellectual property rights to content they create and upload to our services.
2. By uploading content to our services, you grant Webline Africa Limited a worldwide, non-exclusive, royalty-free license to use, modify, and distribute that content solely for the purpose of providing and improving our services and making it publicly available on the internet.
3. If you believe that your copyright has been infringed on our services, please contact us with a detailed description of the alleged infringement.

7. Usage

1. Due to the nature of a shared web hosting environment, Webline Africa Limited reserves the right to request customers to upgrade their shared web hosting package or correct issues if their usage adversely affects network or server performance for other customers.
2. No Warranty: We do not warrant our services. The services are provided "as is" without any express or implied warranties.
3. No Account Credits: There will be no account credits for any downtime or losses incurred. We highly recommend that you back up your data daily.
4. Our shared web hosting platform is intended for hosting a website with relevant content and function for personal or small business use. It is not suitable for large-scale enterprises or applications where a dedicated server would be more appropriate.
5. Any shared services abusing disk I/O or causing load issues for other customers on the server will be suspended and notified.
6. We reserve the right to disallow the use of any service that could be used for spamming, such as IRC.
7. We reserve the right to block, filter, or throttle ports and/or IP address ranges at our discretion. This may include blocking port 6667 (IRC), denying access from known spamming IP address ranges, and limiting the speed of certain traffic types such as VOIP, Shoutcast, or Proxy.
8. You must not use our services to break any laws.

8. Limitation of Liability

1. To the fullest extent permitted by law, Webline Africa Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
   1. Your use or inability to use our services
   2. Any unauthorized access to or use of our servers and/or any personal information stored therein
   3. Any interruption or cessation of transmission to or from our services
   4. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services
   5. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services
2. Our liability is limited to the maximum extent permitted by law, and our total liability to you for any and all claims arising out of or relating to this Agreement or our services shall not exceed the amount paid by you to Webline Africa Limited over the past six months.

9. Indemnification

You agree to indemnify, defend, and hold harmless Webline Africa Limited, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1. Your use of and access to our services
2. Your violation of any term of this Agreement
3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right
4. Any claim that your content caused damage to a third party

This defense and indemnification obligation will survive this Agreement and your use of our services.

10. Dispute Resolution

1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Tanzania, without regard to its conflict of law provisions.
2. Arbitration: Any dispute arising from or relating to this Agreement or our services shall be finally settled by binding arbitration administered by the Arbitration Institute under its Commercial Arbitration Rules.
3. Venue: The arbitration shall take place in Dar es Salaam, Tanzania, and shall be conducted in the English language.
4. No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

11. Service Suspension or Termination

1. We have a zero-tolerance policy for fraud, spam, and illegal activities.
2. Any service in violation of our terms will be given 12 hours to rectify the issues. Repeated violations within 7 days will result in service termination.
3. No refunds will be issued for terminated services.
4. We reserve the right to suspend or terminate your access to our services at any time, without notice, for conduct that we believe violates this Agreement or is harmful to other users, us, or third parties, or for any other reason.

12. Bulk SMS / Email Marketing

1. The Service enables a paying customer to send and receive SMS and other format messages, and use our other mobile messaging services, as set out during online registration.
2. You are not allowed to use the Service to send messages for marketing purposes without the end-user's explicit request or prior consent. If you send messages for commercial purposes, you must give end-users the right to opt-out of receiving further messages and promptly process any opt-out requests.
3. You must not use the Service to transmit defamatory, offensive, abusive, obscene, or menacing material.
4. You must not use the Service in a manner that infringes the intellectual property rights or any other proprietary rights of any third party.
5. You must not use the Service in a manner that may injure or damage any person or property or impair the quality of the Service.
6. Sending spam SMS will result in service suspension or termination.
7. No refunds will be provided due to service suspension.
8. You will at all times during the continuation of the Agreement send only messages that comply with all applicable laws, regulations, and codes, and that contain nothing likely to cause offense based on prevailing standards of decency and propriety.

13. Data Protection and Privacy

Our collection and use of personal information in connection with our services is described in our Privacy Policy, which is incorporated into this Agreement by reference. You agree that Webline Africa Limited may use your data in accordance with our Privacy Policy and for the purpose of providing and improving our services.

14. Force Majeure

Webline Africa Limited shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15. Third-Party Services

Our services may contain links to third-party websites or services that are not owned or controlled by Webline Africa Limited. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Webline Africa Limited shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

16. User Responsibilities

1. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.
2. You must immediately notify Webline Africa Limited of any unauthorized use of your account or any other breach of security.
3. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

17. Service Modifications

Webline Africa Limited reserves the right to modify, suspend, or discontinue any part of our services at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of our services.

18. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

19. Entire Agreement

This Agreement constitutes the entire agreement between you and Webline Africa Limited regarding our services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

20. Contact Information

If you have any questions about this Agreement, please contact us at:

Email: help@yatosha.com

Address: Webline Africa Limited, P.O. Box 40039, Dar es Salaam, Tanzania

Phone: +255-734-666-100

21. Acknowledgment

By using our services, you acknowledge that you have read this Agreement, understood it, and agree to be bound by its terms and conditions.

22. Changes to Terms

Webline Africa Limited reserves the right to modify or replace these ToS at any time. We will provide notice of any material changes by email or by posting a notice on our website prior to the effective date of the changes. Your continued use of the services following the effective date of any changes to the ToS will mean you accept those changes.