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This SiteLock Agreement (the “Agreement”) is made between WhoGoHost Limited (“WhoGoHost” or “Company”), a limited liability Company and any Client who orders WhoGoHost Services (In this case, SiteLock) with us. Each of WhoGoHost and Client referred to as a “Party” and collectively as “Parties” under this Agreement. This SiteLock Service Agreement sets forth the terms and conditions of your use of SiteLock and related services between you and Whogohost Ltd.
You acknowledge that your electronic approval constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. WhoGoHost may accept or reject any Order you submit in its sole discretion. WhoGoHost’s provisioning of the Services described in an Order shall be WhoGoHost’s acceptance of the Order. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. You also acknowledge and agree that you will use this service for legitimate uses.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE COMPANY’S PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.
In addition, when You use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Company, whether or not the transactions were in Your behalf, You signify your agreement to the terms and conditions contained in this Agreement.
Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified below:
"Client Data" means all data (including software, text, sound files and Personal Data) and other content that are stored by you or your end-user(s) on the Hosted System or otherwise processed by you or your end-user(s) through your use of the Services
"Personal Data" means any information that is referred to as personal identifiable information, personal data or personal information (or other like terms) under applicable data protection or privacy law. It includes information that by itself or combined with other information can be used to identify a person.
"Product Terms and Conditions" means the terms and conditions that are incorporated by reference in your Agreement and that state additional terms and conditions for the particular Services you are buying.
"Business Day" means Monday to Friday, excluding public holidays.
"Business Hour" means 9:00 a.m. – 5:00 p.m. on a Business Day.
"Claims" means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-End User basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.
"Confidential Information" means all non-public technical information and business information, programming, software code, trade secrets, marketing strategies, software, documentation, Client data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that:
"End User" means an individual or legal entity that obtains the Services from the Client.
"End User Licence Agreements" or "EULAs" means the applicable terms of service agreements with WhoGoHost and Third Party Suppliers governing use of the Services, which are provided by WhoGoHost, appear upon first use of each Product, or are otherwise made accessible by web link or otherwise to the Client.
"Intellectual Property Rights" means all rights protectable by copyright, trademark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.
"Products" means any service of WhoGoHost or third party providers made available through the website.
"Products" means any service of WhoGoHost or third party providers made available through the SiteLock Service.
"Third Party Suppliers" means third party suppliers of Products included in the Sitebuilder & Hosting Services.
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
WhoGoHost shall provide to you the Services and Support subject to the terms and conditions of the Agreement but this is dependent on your complete payment for the order before it is provisioned and then WhoGoHost will comply with all laws applicable to its provision of the Services.
Sitelock is a security tool used in/with websites and servers. Its number one priority is security of websites/hosting accounts (“Website Files”) and it does this by scanning your Websites Files for potential security threats of any kind and other issues that may reduce the security of a particular website for example redirect hacks, trojan viruses etc.
As soon as it finishes its scan of your hosting account files, sitelock will do any one of these two:
Your data is used to create a profile about you and to send you marketing communications, only related to our products and services portfolio. You can modify your profile data by accessing your profile from our client area. We do not collect or store any kind of credit card information. Credit Card Payments are redirected to the payment gateway (i.e Quickteller, Paypal, Paystack etc) platform of your choice.
By default, all leased and owned licenses are issued instantly upon receipt of payment.
However, please note that First Orders for new Customers are not activated automatically and are reviewed manually. Activation time can take between 1 and 24 hours.
This service is provided by WhoGoHost Limited with association to a single website usually chosen by the customer at the time of first configuration or “association”. After payment, if a domain name was not provided during purchase, the sitelock setup will not be configured.
WhoGoHost shall be responsible for and shall follow good industry practices for safeguarding, maintaining confidentiality of data of Customer and shall comply with all applicable data protection and privacy laws with respect to any data of End Users. Although WhoGoHost may have access to data of Customer using the Products/ Services, WhoGoHost shall do so only to the extent necessary to carry out their responsibilities under this Agreement for no other purpose. Nothing in this Agreement permits either parties or both Parties to disclose or distribute any data of End Users obtained through activities under this Agreement. For greater clarity WhoGoHost shall not use any data provided by clients or customers about End Users for direct or indirect solicitation, marketing, sales or other promotions for itself, any affiliates or any third parties. Data provided by Customer to WhoGoHost or entered into WhoGoHost systems shall be regarded as a confidential Information of the customer.
SiteLock may provide the Products/ Services to End Users through a web portal or online marketplace with SiteLock branding, provided that SiteLock shall be wholly responsible for any trade-marks used for such branding including any claims of infringement of any third party’s trade-marks. SiteLock shall not alter, obscure or remove any branding or trade-marks of Third Party Suppliers of the Products, including standard branding and trade-marks, which display during access or use of the Products through the Products/ Services.
Whogohost recognizes client’s ownership and title to their respective trade-marks, service marks and trade names whether or not registered (collectively, "Marks"). Client may be provided a limited right to use Marks of Third Party Suppliers ("Supplier Marks") in connection with promotion and distribution of the Products/ Services and Products. Except for these limited rights, Client may not use Supplier Marks in advertising, promotion, and publicity without the express written consent of WhoGoHost or the Third Party Suppliers, respectively.
An initial term will be as indicated on the Service Order (the “Service Term”), provided that such requested Service Term shall not be less than a minimum period of One (1) year.
You agree that the Services shall be provided for the term you selected through the Client portal. Unless you terminate the Services prior to the end of the then current Services term, you agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be invoiced on your account, except otherwise stated.
You agree to hereby waive any requirement which might otherwise be imposed by law which would require that we obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Services through the Client area portal. You agree that attempts to terminate the Services other than sending an email to us (via a telephone call) are not reliable means of communication and that such a termination attempt shall not be binding until accepted and acknowledged by us.
AT THE END OF THE ACTIVE CONTRACT TERM, AN INVOICE WILL BE GENERATED FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOU WILL BE REQUIRED TO MAKE PAYMENT WITH YOUR PREFERRED PAYMENT METHOD AND YOU WILL BE CHARGED ACCORDINGLY. YOU MAY SEND CANCELLATION REQUESTS BY EMAILING firstname.lastname@example.org
WHOGOHOST MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE PRODUCTS/ SERVICES, THE PRODUCTS OR THEIR USE, ACCURACY, FUNCTION OR OWNERSHIP AND SHALL NOT BE LIABLE IN ANY MANNER FOR ANY MANNER FOR ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED OR COLLATERAL OR WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCT WILL BE ERROR FREE. CLIENT ACKNOWLEDGES THAT PORTIONS OF THE PRODUCTS/ SERVICES ARE PROVIDED BY THIRD PARTY SUPPLIERS WHOSE PERFORMANCE IS NOT WARRANTED OR GUARANTEED BY WHOGOHOST. CLIENT SHALL NOT BE AUTHORIZED TO MAKE ANY WARRANTY, REPRESENTATIONS OR WARRANTIES OR CONDITION, WHETHER WRITTEN OR ORAL, ON BEHALF OF WHOGOHOST. CLIENT SHALL BE SOLELY RESPONSIBLE FOR ANY WARRANTIES FOR THE SERVICES GIVEN BY CLIENT.
Third Party Payment Processors: WhoGoHost uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors' use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the WhoGoHost Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.
IN NO EVENT SHALL WHOGOHOST BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR OTHERWISE. IN NO EVENT SHALL WHOGOHOST’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID, UNDER THIS AGREEMENT BY CLIENT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY SHALL NOT APPLY TO THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET OUT SECTION 8 OR WHOGOHOST’S OBLIGATIONS TO INDEMNIFY PURSUANT TO SECTION 16(A).
Company explicitly reserves the right and sole discretion to:
Client agrees that if a dispute arises as a result of one or more websites Whogohost Ltd. is hosting for you, you WILL indemnify the company and Whogohost Ltd. will not be held liable for damages arising out of such dispute. Client also agrees that if Company is notified that a complaint has been filed with a governmental, administrative or judicial body regarding a website hosted by Whogohost Ltd., Also, Whogohost Ltd. in its sole discretion, may take whatever action it deems necessary regarding further modification, assignment of and/or control of the website to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
When we may be involved in a law-suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities presented in the lawsuit. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar.