Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you and CubitHost (“CubitHost” or the “Company”). It governs your access to and the use of the website (“Site”) and services (the “Service”)
Your access to the use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service (collectively referred to as “Users”) and all applicable laws and all conditions or policies referenced here. The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference, including operating rules, policies, and procedures of third-party services providers to the Site that are referenced herein. These Terms apply to every user of the Service. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
The use of our Services is also determined by the following policies, which are included by reference. By using our Services, you also agree to the terms of the other policies listed on the terms and policies menu.
Additional terms may also apply to certain Services and are combined by reference as applicable in these Terms.
The use of our Services is also determined by the following policies, which are included by reference:
By using our Services, you also agree to the terms of the other policies that may be listed subsequently on the terms and policies menu on our Site.
Agreeing to CubitHost’s Acceptable Use Policy and Terms of Service is mandatory for using our services and this guides the usage of these services.
During the term of its agreement with CubitHost, the User must ensure that the use of any resource offered to the User or owned or controlled by CubitHost (“Service”) conforms with CubitHost’s current Acceptable Use Policy (“AUP”). CubitHost may modify, without prior notice, the AUP as CubitHost deems appropriate; such modified AUP is effective upon posting on CubitHost’s website.
If any of these is infringed, we reserve the right to suspend such violating websites without prior notice.
We don’t allow “high-yield investment programs” (HYIP) websites (Ponzi). This is as well as sites relating to extreme money-making, gambling, e-gold doublers, etc.
The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. The Company may also impose limits on certain features and Services or restrict your access to parts of or the entire Site without notice or liability.
In order to initiate and commence the use of our Services, all Users must register an account (“Account”).
All Users, whether registering an account as an individual or a company shall be required to include the names of natural persons in the first and last name column.
If you are registering an Account for a company or other legal entity, you must include the name of a natural person as well as the name of the company you represent. You represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You must provide accurate, current, and complete information during the registration process and always keep your Account profile page information up-to-date.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are liable for any and all activities conducted through your Account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. You can make payment via bank transfer or through any of our online payment options. If you choose to make payment via cash deposit, we will request additional KYC information for security reasons before activating the service you paid for. Please note that this KYC process will only be done per client account.
It is your responsibility to provide us with an email address that is not a webmail account @ the domain(s) (e.g. [email protected]) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with CubitHost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) are correct and up-to-date. CubitHost is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email at [email protected] Providing false contact information of any kind may result in the termination of your account.
You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host with/without notice and without a refund.
Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;
Before purchasing a domain name on our Site, you are required to ensure that the domain name does not infringe on any domain name, trademark, or tradename of a third party.
Any domain name and trademark dispute regarding your domain name will be resolved in accordance with our Trademark/Copyright Infringement Policy.
Where applicable, all domain names purchased on our Site shall be subject to our Domain Name Policy for .NG Domain Names, Non .NG Domain Registration Agreement for gTLDs, .NG Domain Names Agreement and Domain Name Deletion and Autorenewal Policy.
Upon your request, our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. Whilst we will endeavour to assist with the transfer, in some cases, we may be unable to assist you in the transfer of data from an old host.
The free transfer services are available for 30 days from your signup date. Transfers outside of the 30-day free period will incur a charge; please contact us at [email protected] with specific details to receive a price quote.
In order to access the account of any of our registered clients or have the account transferred to you or another registrar, we will require you to establish your relationship with our registered client. When you have established your relationship with our registered client, we will notify the registered client of your request. Upon receiving the written consent of the registered client to transfer the account to you and upon receiving a signed indemnity letter from you, we will transfer the website to you or your preferred registrar.
Where you claim that your website was developed by any of our registered clients, we will require the registered client’s written consent to transfer the website either to you or another registrar.
Where you claim that the registered client is dead, we will require you to provide us with the registered client’s death certificate. Upon providing us with the death certificate, you will need to sign a letter of undertaking and indemnity and depose to an affidavit stating that they are assuming responsibility for the account and would indemnify CubitHost from all liability.
The Service and its original content, features, and functionality are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other laws of the Federal Republic of Nigeria. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
User shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
If you choose to provide technical, business or other feedback to the Company concerning the Site or the Services (collectively, “Feedback”), the Company will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by the Company of Feedback into any of its products or services does not grant you any proprietary rights therein.
Users shall not utilize the Site or the Services in connection with any transaction that is illegal or involves any illegal items or is for any illegal purpose.
CubitHost, in its sole discretion, may refuse to complete any transaction that CubitHost has reason to believe is unauthorized or may violate any law, rule, or regulation.
In addition, if any transaction cannot be completed for any reason, including cancellation by CubitHost, CubitHost will notify each User in such transaction by e-mail, to the e-mail address each has provided on the Site.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Site, you will not and will not assist or enable others to:
You acknowledge that CubitHost has no obligation to monitor the access to or use of the Site by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure, and improve the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable, or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist CubitHost in good faith and to provide CubitHost with such information and take such actions as may be reasonably requested by CubitHost with respect to any investigation undertaken by CubitHost or a representative of CubitHost regarding the use or abuse of the CubitHost platform.
If you feel that any User you interact with, whether online or in-person, is acting or has acted inappropriately, including but not limited to any one who (i) engages in offensive, violent, or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CubitHost by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
The use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all hosting servers (Shared, Reseller, or Owned) include:
Examples of unacceptable material on all Dedicated servers include:
CubitHost services, including all related equipment, networks, and network devices are provided only for authorized customer use. CubitHost systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of CubitHost system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. CubitHost may, at its discretion, request and require documentation to prove access to a third-party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Any violation as stated above may result in the suspension or termination of your services with or without notice. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We take a zero-tolerance stance against sending unsolicited e-mails, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
You agree to supply appropriate payment for the services received from CubitHost, in advance of the time period during which such services are provided. You agree that until and unless you notify CubitHost of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of CubitHost, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify CubitHost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis unless otherwise stated in writing by CubitHost.
It is the customer’s responsibility to notify our billing team via email at [email protected] after paying for a product/service renewal and to ensure the email is received and acted upon. Product/service renewal notices and invoices are provided as a courtesy reminder and CubitHost cannot be held responsible for failure to renew a product/service or failure to notify a customer about a product/service renewal.
You agree that CubitHost may seek all lawful means in order to retrieve payment, including but not limited to, immediate suspension or termination, without notice to You, of any domain names or Services, registered or renewed by you or on Your behalf, should CubitHost be unable to charge your payment method for the full amount owed for the domain or Services provided, or if We receive notice of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to you for a domain or a service. You also agree that all access and privilege in and use of any domains, services, content, and/or products purchased through CubitHost, including all data hosted on our systems, shall be taken control of in satisfaction of any liability by You to CubitHost. We will only restore Your access to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s).
No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
CubitHost reserves the right to change any product/service fee and any other charges at any time.
Your use of this service is at your sole risk. CubitHost 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 CubitHost servers. You may refer to our backup policy for more information about backups.
If you purchased a product/service during a promotion or bundled with a free product (i.e a domain name) and you fail to renew it before the date of expiration or a change is made to the billing cycle of the product during the promotional period, the terms of the promo or free product become void. The free product will be charged at the standard renewal rate of the then-current price of the product.
Domain name promo discount offers do not apply to renewals, transfers, premium domains, trademark domains, and pre-registration domain fees except otherwise stated in the promotional communication.
CubitHost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled, and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. An unused transfer in one month cannot be carried over to the next month.
Resellers are responsible for supporting their clients. CubitHost does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. CubitHost will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.
Shared accounts may not resell web hosting to other people if you wish to resell hosting you must use a reseller account.
CubitHost reserves the right to revoke your Certificate without notice at any time if
We reserve the right to change prices listed on the CubitHost website, and the right to change the number of resources given to plans at any time.
You agree to indemnify and hold harmless CubitHost, its affiliates and subsidiaries, its officers, directors, employees, and agents, against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
In no event shall CubitHost, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
CubitHost, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
CubitHost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
CubitHost reserves the right to revise its policies at any time without notice.
Our Service may contain links to third-party websites or services that are not owned or controlled by CubitHost.
CubitHost has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that CubitHost shall not be responsible or liable, directly or indirectly, 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 web sites or services.
We strongly advise you to read the Terms and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that:
you fail to pay any fees due hereunder to CubitHost;
In such an event, your right to use the Service will immediately cease and we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Any disputes arising under or in connection with the validity, interpretation, and performance of these Terms between CubitHost and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.
The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.
Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the CubitHost Site or Services. You may submit Feedback by emailing us, through the contact section of the Site, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
There are terms and conditions for clients who would like to be part of our affiliate system.
Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from the bulk email list. The customer must include the source of the addressee’s address in each bulk email message.
Sites may not use extreme unwarranted CPU usage. This includes the usage of “heavy” scripts or Flash/shockwave files. By heavy we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.
Customers may not use disk space as a file repository or dumpsite. This includes but is not limited to; warez, serials, sound files, applications, and zip files. This includes using the space in order to store content used on other sites (remote linking). Examples of this would be using the webspace to store images for auction descriptions, flash, or any other files used on another site but stored on our server.
Breaking any of these aforementioned rules may result in immediate account suspension with or without notice and also without refund, as well as criminal prosecution where deemed necessary.
If you have any questions about these Terms, please contact us at [email protected]