This is an agreement between Digital Web Frame who trade as www.digitalwebframe.com.
In this Agreement we refer “You” and “Your” to you or any person authorized to act on your behalf. We refer to “We”, “Us” and “Our” as Digital Web Frame. This Agreement explains our commitment to you, and explains your commitment to us for various services offered by Digital Web Frame. When you use your account or give someone permission to use it to purchase or otherwise acquire access to additional Digital Web Frame service(s) or products or to cancel your Digital Web Frame services (even if we were not notified of such authorization), this Agreement covers such service or actions.
- Agreement Terms; Modification. You agree that we may modify this Agreement and the services it offers to You from time to time. You agree to abide by any changes Digital Web Frame may sensibly make to this Agreement. If You have purchased services or products from Digital Web Frame, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the products or services.
- Accurate Information.You agree to provide correct and accurate information and updates to Digital Web Frame for as long as you are a Digital Web Frame’s products and services user. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Digital Web Frame has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Digital Web Frame has the absolute right, in its sole discretion, to terminate its Services and close Your account.
- Prohibited Activities You agree not to engage to use Digital Web Frame’s Services and products in unacceptable way, including the use of Digital Web Frame products and/or services to:
- transmit chain letters, unsolicited messages, unsolicited commercial email, email marketing or unreasonably large volumes of email on a daily basis,
- transmit any material to any person that may be grossly offensive i.e abusive, defamatory, pornographic, harassing, vulgar, obscene, threatening or malicious;
- Transmit copyrighted, trademark, patent, trade secret or other intellectual property rights of any person;
- create a false identity or to otherwise try to deceive any person as to the identity, source or origin of any communication ;
- export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of kenya and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
- interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
- disseminate or transmit any virus, trojan horse or other malicious ,harmful or disabling data, work, code or program;
- engage in any other activity deemed by Digital Web Frame to be in conflict with the spirit or intent of this Agreement or any Digital Web Frame policy;
- use Your server as an “open relay” or similar purposes. This includes but is not limited to pirated software, hacking programs or archives, warez and mp3 sites and IRC bots;
- 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 e-mail or a newsgroup posting; or
- It is a violation for anyone to employ posts or programs which consume excessive CPU time or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the user’s own account; or resell access to CGI scripts installed on our servers. Digital Webframe prohibits the running of a public recursive DNS service on any Digital Web Frame server. All recursive DNS servers must be secured to allow only Internet network access or a limited set of IP addresses. Digital Web Frame actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.
- Storage and Security. At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your 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 server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Digital Web Frame servers; and (iv) ensure the confidentiality of Your password. Digital Web Frame’s servers are not an archive and Digital Web Frame shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Digital Web Frame are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Digital Web Frame shall have no liability to You or any other person for Your use of Digital Web Frame products and/or services in violation of these terms.
- Non-exclusive License. If You have licensed software from Digital Web Frame, Digital Web Frame grants You a limited, non-exclusive, non-transferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Digital Web Frame reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Digital Web Frame. The source code and its organization are the exclusive property of Digital Web Frame and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Digital Web Frame. Any such software and services are provided to You “as is” without warranty of any kind either expressed or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
- Digital Web Frame Account. Digital Web Frame will host an account for You corresponding with the purchased, leased or provided domain name(s) and for the period of time corresponding with the payment plan chosen by You. The contract will automatically renew at the end of The Term unless otherwise specified by You. Once the account cancellation request is received and we process the request as per the account holders consent, the agreement between You and Digital Web Frame is officially terminated. We reserve the right to remove the account from the web server at any time thereafter. Digital Web Frame will NOT host the site for any time period left once the cancellation request has been received and processed. It is Your responsibility to make sure that You and Your respective clients have access to all their files and relevant data before initiating the cancellation request. Digital Web Frame shall not be responsible for any loss of data once the account recurring billing has been cancelled.
Legal Purposes.The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of Digital Web Frame is to provide space to serve web documents, not as an off- site storage area for electronic files and is governed by our Disk Usage Provision, set out in Section 6 of the Acceptable Use Policy. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Digital Web Frame, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Digital Web Frame based upon the severity of the violation. Digital Web Frame reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of Digital Web Frame’s then current Acceptable Use Policy, in the sole and absolute opinion of Digital Web Frame.
- Rates and Prices. You acknowledge that the nature of the service furnished and the rates and charges have been communicated to You. You are aware that Digital Web Frame reserves the right to change the specified rates and charges from time to time.
- Account Use. You agree to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. You are responsible for the security of your password. Digital Web Frame will not change passwords to any account without proof of identification, which is satisfactory to Digital Web Frame, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Digital Web Frame will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Digital Web Frame be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Digital Web Frame from any and all claims arising from such ownership disputes.
- Safe Use. You agree not to harm Digital Web Frame, its reputation, computer systems, programming and/or other persons using Digital Web Frame services. Digital Web Frame reserves the right to select the server for Account Holder’s website for best performance. You understand that some services provided by Digital Web Frame are provided on a shared server. In order to keep our servers running at optimal levels, any sites running a process that uses more than 25% of all available system resources for 60 seconds or longer will be required to move up to VPS Hosting or Dedicated Server solution, or to be hosted elsewhere. This upgrade may result in an automatic upgrade to a higher-level pricing plan corresponding with the elevated user requirements. Alternatively, Digital Web Frame reserves the right to suspend services on that specific account until the higher usage may be accommodated. A failure by You to agree to and comply with the terms of this provision may result in the termination of the services provided to You without any refunds of the unused prepaid portion of the fees.
- Third Party Content. If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Digital Web Frame has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Digital Web Frame policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify Digital Web Frame immediately of the error. In no event shall Digital Web Frame be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
- Domain Lease. Digital Web Frame’s “Free Domain for Life” service offers You a free domain name for the active life of the web hosting or reseller account that should be hosted on Digital Web Frame servers. The domain name is registered under Digital Web Frame’s name, owned by Digital Web Frame, is the property of Digital Web Frame, and is managed by Digital Web Frame on Your behalf. Digital Web Frame employs privacy protection services provided by WhoisGuard on all domain names. Digital Web Frame may substitute the client’s information into the whois database upon client request. Free domain names must be hosted on the servers of Digital Web Frame only. At any time you will have the option of taking full control over the domain name for a one time fee negotiated with Digital Webframe.
- Fees, Payment and Refund. As consideration for the products and/or services purchased by You and provided to You by Digital Web Frame, You agree to pay Digital Web Frame at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your services are suspended, terminated, or transferred prior to the end of the term of service. Digital Web Frame expressly reserves the right to modify pricing through email notification and/or notice on its website. You may receive a refund within the initial 30 days after sign up if you cancel a shared web hosting and cloud hosting account. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers,Reseller Hosting, dedicated IP addresses, SSL certificates, WHMCS, cPanel, VPS/dedicated server management or domain registration related fees. Important: If the client cancels within the first 30 days and has registered new domain names with us during this time period, Digital Web Frame will charge the client a one time fee of ksh. 2000 per domain name if he/she does not wish to continue with the domain name transfer, at a cost of ksh. 3000 per one domain transfer. These terms are in place to prevent abuse of our free domain name(s) service.
- Billing. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the products or services. If that date falls after the 28th of the month, then Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Digital Web Frame will automatically renew Your services when they come up for renewal and will take payment in accordance with the designated payment method at Digital Web Frame’s then current rates. If for any reason Digital Web Frame is unable to charge Your account for the full amount owed Digital Web Frame for the products and/or services provided, or if Digital Web Frame is charged a penalty for any fee it previously charged to You, You agree that Digital Web Frame may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Digital Web Frame is unable to charge Your credit card with the full amount of the services provided, or if Digital Web Frame is charged back for any fee it previously charged to the credit card You provided, You agree that Digital Web Frame may pursue all available remedies in order to obtain payment. You agree that among the remedies Digital Web Frame may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or products and/or services registered or renewed on Your behalf. Digital Web Frame reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular services, including additional costs that it may incur in providing the services and pass these costs along to You.
Domain Payments. It is solely your responsibility to notify Digital Webframe’s Billing department via a support ticket created from https://digitalwebframe.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Digital Webframe Solutions Ltd is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Digital Webframe Solutions Ltd may report any such misuse or fraudulent use, as determined in Digital Webframe Solutions Ltd's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes. You have ninety (90) days to dispute any charge or payment processed by Digital Webframe Solutions Ltd. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Payment Card Industry Security Standard Disclaimer. Digital Webframe Solutions Ltd complies with the Payment Card Industry Security Standard ('PCI Standard') in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Digital Webframe Solutions Ltd does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
- Affiliate Program Terms:
- All commissions are 1-time payout.
- Payout levels vary on a monthly basis depending on how many customers you refer to us.
- Payouts are made at the end of each month for active orders older than 30 days of the moneyback guarantee period.
- Limitation of Liability; Waiver and Release. The services offered by Digital Web Frame are being provided on an “AS IS” and Digital Web Frame expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Digital Web Frame expressly does not warrant that the Digital Web Frame products and/or services will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall Digital Web Frame be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if Digital Web Frame is aware of or has been advised of the possibility of such damages.
- Indemnification. Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Digital Web Frame and all affiliates of Digital Web Frame, and all officers, agents, employees, and representatives of Digital Web Frame, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of the Digital Web Frame products and/or services by Digital Web Frame and its agents and employees. Further, You agree to defend, indemnify and hold Digital Web Frame harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Digital Web Frame be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Digital Web Frame may seek a written confirmation from You concerning Your obligation to defend, indemnify Digital Web Frame. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Digital Web Frame shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Digital Web Frame of any such claim promptly in writing and to allow Digital Web Frame to control the proceedings. You agree to cooperate fully with Digital Web Frame during such proceedings.
- Termination. You agree that You will be responsible for notifying Digital Web Frame should You desire to terminate Your use of Digital Web Frame’s Services. Notification of Your intent to terminate must be provided to Digital Web Frame no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.
- Notices. You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS or billing account information you have provided.
- Legal Age. You attest that you are of legal age to enter into this Agreement.
- Final Agreement. This Agreement, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
- No Agency Relationship Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
- Waiver. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- Enforceability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
- Assignment and Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Digital Web Frame’s prior express written consent.
- Force Majeure. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Digital Web Frame, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Digital Web Frame may immediately terminate this Agreement.
- Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
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